Putative Spouse in Texas
A **putative **spouse is one who has a **good faith **belief that he or she is married but who is not legally married. An example will give a clearer picture.
A man and a woman get married either through a formal marriage or an informal, or common-law, marriage. They live together for some time and accumulate property. One of them dies and the surviving spouse finds out after the death that the deceased spouse was previously married to someone else but never got a divorce. Because the deceased spouse was never divorced from his first spouse, the marriage to the second spouse is not valid. However, because the second spouse had a **good faith **belief that he or she was married, the second or **putative **spouse has *rights to property *that are similar to a spouse's rights to property in a valid marriage.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.