Serving Travis & Williamson Counties

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Inheritance Rights

Austin Common Law Marriage Attorney

Protect your inheritance and property rights with advanced legal strategies for informal marriage validation in Texas.

"You’ve spent a lifetime building a life together. It only takes one inheritance dispute to dismantle it. In Austin's probate environment, hope is not a strategy. Legal validation of your marriage is. - Kyle Robbins"

Why a "Handshake" Isn't Enough

Many Austin couples believe that living together for years is sufficient to grant them legal spouse status. While Texas recognizes informal marriage, relying on a verbal agreement has significant gaps. Without a formal declaration or a court order, your rights to a partner’s estate can be challenged by heirs, and claims for community property or survivor benefits may be excluded entirely.

To truly protect your future, you need a legal strategy that transforms a shared life into a recognized, bulletproof marriage in the eyes of the Texas Estates Code.

Our Common Law Proof Toolbox

At Robbins Estate Law, we do not use "cookie-cutter" arguments. We analyze your specific history, such as whether you shared a home in Travis County, raised children together, or managed joint business interests. We then deploy specific legal strategies to satisfy the Texas Family Code.

  • Agreement to be Married: Establishing the specific intent and mutual consent required to transition from a relationship to a legal union.
  • Cohabitation Evidence: Documenting your shared residency in Texas to satisfy the physical requirements of an informal marriage.
  • Public Representation (Holding Out): Compiling "machine-readable" proof, such as joint tax returns, insurance policies, and social introductions, that you represented yourselves as a married couple to the Austin community 
  • Declarations of Informal Marriage: Utilizing statutory filings to provide prima facie evidence of your marriage before an inheritance dispute or probate crisis begins.

Case Study

The "Unprotected" Partner

The Situation: An Austin client lived with her partner for 15 years in a home he owned individually. When he passed away without a will, his siblings attempted to evict her, claiming no marriage existed and she had no legal right to the property.

The Solution: We initiated a heirship proceeding in Travis County Probate Court. We consolidated evidence of joint bank accounts and testimony from Austin neighbors to satisfy the legal requirement of representing themselves as a married couple.

The Result: The court declared a valid common law marriage. The client was granted a life estate in the homestead and her rightful share of the community property, ensuring her future was not derailed by the inheritance dispute.

Common Questions (FAQ)

Yes. Under the Texas Family Code, if a legal proceeding to prove the marriage is not commenced within two years of the date the parties separated, there is a rebuttable presumption that no marriage existed. This timeline is critical in Austin probate cases to ensure a surviving partner's inheritance rights are not forfeited.  Call Today and get the help you deserve.

No. There is no specific duration of cohabitation required under Texas law. To establish a valid informal marriage, you must prove you lived together in Texas, agreed to be married, and represented yourselves to others as a married couple.

If a valid common law marriage is proven in a Travis County court, you have the same inheritance rights as any other spouse. This includes the right to community property and specific Texas homestead protections, which may allow you to remain in the home even if it was technically the deceased partner’s separate property.

The court requires "holding out" or public representation of the marriage. We compile evidence such as joint tax returns, insurance policies listing a "spouse," joint bank statements, and sworn testimony from neighbors or family members in the Austin area to satisfy this legal requirement.

No. While some Austin employers or city entities recognize domestic partnerships for benefits, the state of Texas does not treat them as legal marriages. To secure rights under the Texas Estates Code, you must meet the three specific statutory requirements for an informal marriage.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with probate, asset protection, and estate litigation.

Protect Your Assets

Schedule a confidential strategy session with our Austin team.

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Kyle Robbins

Attorney Review

Common law marriage is not about a casual arrangement. It is about using the law to ensure your partner's future and your shared legacy are not derailed by an inheritance dispute.

- Kyle Robbins, Esq.

Don't Wait Until an Inheritance Dispute Is Filed.

Once probate begins, your options for proving a marriage become much more difficult. Act now.
(512) 851-1248