Many couples move in together before getting married. Perhaps you want to take your relationship to the next level but aren’t ready for marriage. However, you’ve heard about common law marriage and want to ensure that you don’t inadvertently become legally married. How do you stop a common-law marriage in Texas?
What Is Common Law Marriage?
What is common law marriage? Before you understand how to stop a common law marriage, you must understand what the term means. Texas recognizes both a formal marriage and a marriage without formalities. In a formal marriage, the spouses get a marriage license, have a ceremony by someone authorized to conduct the ceremony, and then record the marriage with the state.
A marriage without formalities is a common law marriage in Texas. There are two ways to establish such a marriage.
Declaration of an Informal Marriage
The first way to establish a common law marriage in Texas is to file a Declaration of Informal Marriage with the county clerk’s office. The clerk will administer an oath and register the marriage.
Common Law Marriage with No Formalities
The second way to establish a common law marriage doesn’t involve state filings. You can establish an informal marriage when the couple does the following:
- Agrees that they are married;
- Holds themselves out to the world as married; and
- Lives together in Texas.
The couple must meet all three factors above for an informal legal marriage in Texas.
Another common question is, How many years is a common law marriage? In Texas, the couple does not have to live together for a certain number of years to create a common law marriage. A couple could establish a common law marriage as soon as they move in together, agree that they’re married, and tell others they are married.
How to Stop a Common Law Marriage
Many people wonder how to stop common law marriage in Texas. It’s relatively simple to stop common law marriage. First, do not sign a Declaration of Informal Marriage. If you do, the only way to end the informal marriage is through a divorce.
You may wonder how to disprove a common law marriage in Texas if you didn’t sign a Declaration of Information Marriage. As discussed above, you must meet three factors to establish a common law marriage legally. To disprove a common law marriage, you must show that your relationship did not meet all of those factors. For example, even if you call each other spouses, if you don’t live together, there is no informal marriage. Or, if you cohabitate but don’t ever hold yourselves out to the world as spouses, you don’t have an informal marriage.
Rights and Duties in Common Law Marriage
A common law marriage has all of the rights and obligations of a formal legal marriage in Texas. This means that property acquired during the common law marriage is considered property of the marriage—i.e., community property. Plus, children born during the marriage are also presumed to be the common law husband’s children.
How to End a Common Law Marriage
Perhaps you’d like to end your informal marriage. If you filed a Declaration of Informal Marriage with the county clerk, you must file for a divorce to end your informal marriage.
If you did not file anything with the clerk, you might not have to file for a divorce. You could simply separate. If neither party brings a case to prove the marriage within two years, it’s as if the marriage never existed.
However, it’s not always this simple. Under the law, if one of the parties brings a divorce case to court within two years, the court will look at the facts of the relationship and decide whether the relationship was common law marriage. If the court determines that a common law marriage existed, the court will divide marital property per Texas’ community property principles.
Contact Robbins Estate Law About Common Law Marriage
Understanding the rules of establishing and disproving a common law marriage in Texas can be confusing, particularly if you’re concerned about providing for your family after you die. Robbins Estate Law can help. We understand that people want to protect the security of their families after they’re gone and don’t want unforeseen challenges to their estates. Contact us today for questions about common law marriage in estate planning.
What Happens During the Process of Trust Litigation in Texas?
The terms, distribution, and management of a trust can be contentious, particularly if the person who established the trust dies. Litigation might be necessary to interpret the trust, alter its terms, or resolve management issues. But what is the process of trust litigation in Texas?
Texas Trust Basics
To understand the process of trust litigation in Texas, you must first understand some basic trust terms. A trust is an arrangement where an intermediary—a trustee—holds property on behalf of a beneficiary. The person who establishes the trust is the settlor. The trustee manages and distributes the trust property to the beneficiaries as the settlor instructs.
What Is Trust Litigation?
Perhaps you’re wondering what is meant by the term trust litigation. Essentially, it means that a person can file a lawsuit when there’s a dispute about a trust, and that dispute needs to be resolved through judicial intervention. For example, a beneficiary may bring a lawsuit in court if there is a dispute about the trust’s management or the settlor’s intentions. Or, a trustee can file a lawsuit if a beneficiary borrowed from the trust or hasn’t turned over property that belongs to the trust.
Why Bring Trust Litigation?
There are many reasons for trust litigation. A common reason is when a beneficiary wants to challenge the settlor’s intent. Reasons to question the settlor’s intent include when:
- The settlor lacked mental capacity;
- Someone excessively pressured the settlor (undue influence);
- Someone threatened the settlor (duress); or
- A person lied to the settlor when they created the trust (fraud).
If a beneficiary believes the trust doesn’t reflect the settlor’s true intentions, they can challenge the trust in court.
Another reason for trust litigation is if the beneficiaries believe the trustee has done something wrong. A trustee has a fiduciary duty to the beneficiaries. A trustee breaches their fiduciary duty if they don’t act in the best interest of the beneficiaries.
The following are examples of a trustee’s breach of fiduciary duty:
- The trustee makes improper distributions;
- The trustee commingles trust funds with their own money;
- The trustee used the trust for their personal benefit; or
- The trustee failed to provide a proper accounting of the trust.
A beneficiary can bring trust litigation if the trustee acts in their own interests or doesn’t follow the settlor’s instructions.
The Trust Litigation Process
The process of trust litigation in Texas can be short or long, depending on each case. Generally, there are several stages of trust and estate litigation.
First, the person challenging the trust must file a petition describing all of the complaints about the trust. They’ll file the petition in a Texas district court. They’ll then serve all of the parties to the trust, including the trustee and beneficiaries. Then the parties, particularly the trustee, if the case is against them, will have 20 days to file an answer.
The court will set a first appearance date. This is typically where the parties set up deadlines for steps in the case. After this, the case will go into the discovery period, where all parties exchange documents. A beneficiary’s attorney will ask for detailed financial information about the trust. Depositions are also a part of the discovery process. A beneficiary’s attorney may ask the trustee questions under oath.
Often a court will refer a case to mediation. In mediation, a neutral third party (the mediator) tries to help the parties settle the matter. The case will proceed to trial if the parties do not resolve the dispute. In a trial, the court hears evidence and witness testimony. The judge or a jury will then make a final decision about the dispute.
Costs of Trust Litigation
You may wonder, What is the cost of going to litigation on a trust? The costs of trust litigation depend on the facts of each case. Some trust litigation costs include:
- Court filing fees;
- Fees involved in taking depositions;
- Expert witness fees; and
- Attorney’s fees and expenses.
Trust litigation costs are significantly less if a case settles quickly than if a case has to go to trial.
Contact Our Attorneys for Trust Litigation Questions
Robbins Estate Law is here to answer your questions about the process of trust litigation in Texas. We have experienced trusts and estates attorneys who can advise you on the viability of trust litigation. Our attorneys are top-notch and graduated from the best schools in the country. Contact us today.
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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