A Texas probate judge has ruled that a common law marriage existed between two women as part of a battle over an estate. Stella Powell died intestate in 2014 which resulted in her estate passing to her family under Texas intestacy laws but this was challenged by her long term partner who argued they qualified as married under common law. Although same sex marriage was banned during the entire course of their relationship, it was argued that Obergefell v. Hodges should be applied retroactively to allow a common law marriage to exist. This ruling is likely to face multiple challenges on appeal with embattled Attorney General Ken Paxton already participating in the case arguing that the couple should not be granted the status. This case will be closely watched going forward due to the wide ranging implications of the ruling on many estates that were barred from passing to a same sex partner in intestacy.
See Lane Moore, Texas Just Did Something Huge for Lesbians That No Other State Has Done, Cosmopolitan, October 7, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
