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CalAttorney2
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Category: Family Law
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Experience:  Civil litigation attorney for individuals and businesses.
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Can i prove a common law marriage if the other party is

Customer Question

Can i prove a common law marriage if the other party is deceased
Submitted: 5 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 5 months ago.

It is possible to prove a common law marriage in probate court (where a deceased individual's assets are distributed), the elements that you must show to demonstrate that a common law marriage existed would be the same ones that you would have had to have shown at the time the individual was alive.

See: http://www.hbwvlaw.com/common-law-marriage-in-texas-probate-courts/

This publication here summarizes those (it is designed more for parties that are facing dissolution, but it is a good summary and should be helpful if you are looking at a probate proceeding as it applies to the elements of common law marriage): http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/D82134BE-C249-CFB5-6869-1BD25BA6E78F/407091LHT%2032_1%20Comm%20Law%20Marriage.pdf

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