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.
By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.
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