Can Spouses Inherit – Including Common Law

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

What does a Texas spouse inherit?

If there is a will, the will determines what property a spouse inherits. If there is no will, what a spouse inherits is determined by the type of property in the estate and what other heirs of the deceased exist. A review of the property in an estate and how much of it a spouse is entitled to can be found here.

There are two types of marriages that are recognized by Texas law:

  1. Ceremonial marriage – where the spouses obtain a marriage license and are married by someone authorized by law to perform marriages; and
  2. Common law marriages – where no marriage license is obtained and a ceremonial marriage may or may not be performed.

The law treats the spouse of a common law marriage the same as the spouse of a ceremonial marriage. Both are heirs of their spouse and would take under the laws of descent and distribution. Of course, the common law spouse must prove that they meet all of the legal requirements to be considered a common law spouse before they would be entitled to inherit.

For more information Start Here to Read About Inheritance.

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Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

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Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.


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Lantana, Texas
In the DFW area


(214) 660-5700

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