Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Regarding common law marriage in texas: two things-Is income…

Regarding common law marriage in...
Regarding common law marriage in texas: two things-Is income he earned from working while i was home not working with our son also community? and secondly, he has cancer. If he is incapacitated and decisions must be made, he wants me to be able to do that and i told him he had to make a will and a med power of atty. would i be able to make those decisions without power of atty and if he dies intestate does everything go to me or does he have to make a will? We have a 6 year old together but he has two grown kids with x wife.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
3/31/2017
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

I'm answering another question so I'll be right back. Thanks!

Ask Your Own Family Law Question
Customer reply replied 1 year ago
I understand. We spoke a few minutes ago, I just thought of a few details. Thanks so much. Stacey

Almost done, thanks S!

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Take your time, ill be here

Okay, I'm here.

Income he earned from working while you're at home is still community property. In Texas, income EVEN generated by separate property is still considered community income. So yes, this is community property.

I'm so sorry to hear about his health! Awful. I'm so sorry!

He should make a will definitely because he has children from another marriage. If you're not married, you wouldn't inherit. If you are common law married, you will inherit.

You should get a will plus a medical/health care power of attorney and also a durable power of attorney for all other issues. You need to have the POA for him. He has to make these now while he is of sound mind.

I just had two TX questions back to back -- are you common law married or debating marriage -- sounds like you are the common law married question, correct? I just want to make sure I have the right customer so I can give the right answer ;>

Ask Your Own Family Law Question
Customer reply replied 1 year ago
you're right. We have lived together since 2010 and talked about getting married after dating 4 months and its been all this time and we're still just talking and i am concerned since i havent worked in so long and now i have this young one here...40th bday surprise!..lol Thanks for your kind words about his illness. Let me be sure i understand. Since we satisfy those three conditions and tx is a common law state which recognizes community property; technically if he died intestate i would inherit but im correct in thinking since there are others involved it would be safest to have will, POA and all you said.

There are several reasons to have a will and a POA.

First, the POA will allow you to handle his affairs if he cannot. The medical POA will help you make important decisions if he cannot.

The will here is crucial for several reasons. First, if you have a common law marriage, with one person deceased it is more difficult to prove it was a common law marriage! Second, in TX, there is sharing with the children. You have your own child but he also has two others.

In TX, if someone dies intestate, this is what happens:

If there is a spouse and children who are also the children of your spouse:

  • spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life
  • children inherit everything else

If there is a spouse and children who are not the children of your spouse:

  • spouse inherits 1/3 of your separate personal property and the right to use your real estate for life
  • children inherit everything else, including your 1/2 interest in the community property

So you will be sharing with all of the children in one way or another. If he wants you to have everything, he must make a will otherwise you could be left out if you can't prove common law marriage and if you can, you'd have to share with the kids -- all of them.

Thanks in advance for rating me. :)

FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
Verified
FamilyAttorney and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
It would be simpler if we just got married. Neither of us have considered separating all this time, but i always told him i wanted it to be official once we had a child because of complications like this. He has issues withl formal marriage and yet always said one day we would and he put, me off and off ect. Now that hes sick i told him he needed to get those things if we didnt get married if he wanted me to be in the position a wife should be in. Now im starting to suspect something fishy. Thank you for clarifying it for me so wonderfully, gives me a little piece of mind. Have a wonderful weekend. Stacey

Thank you for rating me.

I have to tell you though, this won't solve the problem because if he is intestate you STILL have to share with all the children.

You have a wonderful weekend too but please understand -- without a will, you're out in the cold. You really need a will. A marriage will not change anything here. :( I hope you understand that the most important thing here is a will. Be well!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1,552
1,552 Satisfied Customers
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years

FamilyAttorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Seeking divorce advice from my abuser. He's filing divorce
Seeking divorce advice from my abuser. He's filing divorce tomorrow but keeps threatening me to do what he wants or he says he will bring lawyers into it instead of being peaceful. He has a long recor… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
What are the alimony laws in Texas? Houston, Texas. Nothing
The two parties own a house together. The husband has been paying the mortgage and also paying his spouse a household allowance which amounts to half his paycheck. There is a 13 year old child involved. The spouse does not work but has a master's degree.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
Can I ask a question about divorce rules in Texas? Texas,
Can I ask a question about divorce rules in Texas? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
My boyfriend kicked me out yesterday, and we've lived
My boyfriend kicked me out yesterday, and we've lived together for 6 years we have joint accounts and I have two children from a previous marriage who also he kicked out. I also worked for him and he … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I am a time resident of Texas who's common law wife of 35
I am a long time resident of Texas who's common law wife of 35 years recently died. How do I get the documentation to establish my marriage to the State/Social Security? W e owned a home together for … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Committing my father in law to a hospital. He has dementia
Committing my father in law to a hospital. He has dementia and is getting verbally violent with his wife. His wife doesn't think she can do it without power of attny. We are in Texas and I told her sh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,869 satisfied customers
In the event of a probate will contest. Does my common law
In the event of a probate will contest. Does my common law husbands will dated November 2014 matter in regards ***** ***** stating he has raised my children as his own and intends to take care of them… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
Wondering if my ex will have rights to alimony. We separated emotionally 5months
Wondering if my ex will have rights to alimony. We separated emotionally 5months ago but he has worked and lived separately in another town years being financially independent. I just filed and now he… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
My partner wants a divorce. We have been married 1 year but
My partner wants a divorce. We have been married 1 year but together 3 years. My partner does not want to disclose any information. My partner made 350,000 last year. he offered me 30,000.00. He says … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
My boyfriend and I have been living together for a few years
My boyfriend and I have been living together for a few years now. how do I go about getting a certificate for common law marriage and how much will it cost me also if we do not stay together what do w… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My sister died intestate in Texas. She was not married. She
My sister died intestate in Texas. She was not married. She lived with her boyfriend for 2 years, and they had a relationship several years prior to moving in together. The boyfriend says they "talked… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My son of age 44 has mental health and had a concussion 7 years
My son of age 44 has mental health and had a concussion 7 years ago. I am debating if I should get guardianship over him. He makes poor decisions and spends hiis SSDI check foolishly etc and the check… read more
stevexo
stevexo
Criminal Defense Attorney
Doctoral Degree
992 satisfied customers
my husband bought our house before we were married and my name
my husband bought our house before we were married and my name is XXXXX XXXXX the house. He has no life insurance and no will, If he dies will I be able to live in the house or will his children get t… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Texas recognizes common law marriage. My aunt and uncle cohabitated
Texas recognizes common law marriage. My aunt and uncle cohabitated for thirty years; bought assets together; had three children; and always carried themselves as husband and wife in the state of Texa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband and I live in two different states. I in Texas,
My husband and I live in two different states. I in Texas, he in Georgia. We are not legally separated. He is living with a woman who refers to herself as Mrs.. They share a bank account. He is an exe… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
If a couple are common law and one person dieds what is the
If a couple are common law and one person dieds what is the law on dividing the estate between spouse and childern?… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
When a couple live together and one of them dies unexpectedly,without
When a couple live together and one of them dies unexpectedly,without a will,what rights does the surviving partner have? The deceased person has a grown son from a previous marriage, and all property… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
My fiance passed away two days ago. By all rights we were ...
My fiance passed away two days ago. By all rights we were common law married. He had health issues so I did not work so I could help him. He and his family disowned each other. We have been together f… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x