The Texas Consent to Medical Treatment Act (CMTA), controls who the hospital or doctor determines has the power to make medical decisions in the event you or your common law spouse is incapacitated. As a “spouse” is the first authorized decision maker, a provider might accept your authority.
How long do we need to be together? Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage.
A common law spouse can inherit from a decedent's estate whether the decedent died with or without a valid will. In Texas estate law, a common-law spouse is afforded the same rights and privileges as those afforded to a spouse in a formal or traditional marriage. These rights include: Community property.
If a common law marriage can be established – either through the declaration of informal marriage form or by proving the three elements – then the spouses hold all the same legal rights as a couple who have a marriage license. These rights can be important throughout the marriage and in the event of a death or divorce.
Property Rights Texas' community property laws apply in a common law marriage, just as they do in a traditional marriage. This means that any property acquired during the marriage is considered jointly owned, and both partners have equal rights.
No, you both have equal rights to the house approximately. That means if she wants to live there with her new boyfriend, she can buy out all your equity and everything you put into the house, which would come to about half of what the house is worth on the market.
A spouse in a common law marriage can enjoy the added financial perks of: Life insurance death benefits. Disability benefits. Social Security survivor's benefits.