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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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me and my boyfriend have been living together as husband and

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me and my boyfriend have been living together as husband and wife for a year and a half. he had a heart attack yesterday. we live in Alabama but are in texas for a vacation. please tell me if and what are my rights ?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, back in Alabama, have you:
1. Held yourselves to others as being married?
2. Have the capacity of being married? (You are not married to others at the time, are you?)
3. Did you agree to be married?

Please advise, as my answer to you is very dependent on your answers, thank you!
Customer: replied 3 years ago.

1. yes we have. 2. no we are not married to anyone else. 3. yes, we planned on being together until the end of ours life but he died after the heart attack

Thank you for your follow-up.


I am sorry that he passed away. Technically you can claim that you were 'common law spouses' in Alabama. Alabama happens to recognize common law marriages, and so does Texas, although Texas calls it an 'informal marriage'. Under those terms you can claim ALL the rights that any spouse would be entitled to and that includes being allowed to visit him, making funeral arrangements, picking options for the burial, and also pursuing his estate for a portion of benefits based on your status as his spouse. If someone blocks access, claim rights based on informal marriage spousal rights, and you should then not be denied access. If somehow you are, get the local courts to recognize your rights via an emergency hearing so that you can continue making such decisions on behalf of your spouse.


I am very sorry for your loss.

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