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I need information about what my rights are as a common law wife?

Mckinney, TX |

My husband was in a motorcycle accident and he will not fully recover. I am having issues with his family about turning over information re: joint accounts, personal property owned by the two of us.

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Attorney answers 1


First, there are several elements in determining whether or not a "common law" marriage exists. Both of you must "agree" to be married, live together, and hold out to other people that you are "husband and wife". Further, it is wise to file with the Clerk of Court in your county of residence a certificate of common law marriage. This form is printed by the Bureau of Vital Statistics and you should be able to get it at the Clerk's office.

The form is not required to have a common law marriage, and you must meet all three elements described above. A common law marriage carries with it all the same community property rights as a conventional marriage. Your post does not describe the "issues with his family", but to the extent they wish to have access to or control of your joint property, they are not entitled to do so.

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