This affidavit recites marital history and identifies former or present spouses. The affidavit is used to indicate whether property should be classified as separate or community and also may be used to identify potential homestead problems or outstanding life estates in real property.
Affidavit of Marital Status
Date:
Affiant:
Property:
Date of Acquisition:
[Affiant’s Spouse:]
[Date of Marriage:]
[Affiant’s Former Spouse:]
[Date of Marriage:]
[Date of [Divorce/Death]:]
Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:
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Select the applicable paragraph and adapt if necessary. |
Affiant acquired title to the Property on the Date of Acquisition. Affiant was then unmarried and has remained unmarried continuously through the date of this affidavit.
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Or |
Affiant acquired title to the Property on the Date of Acquisition, and Affiant was then unmarried. Affiant subsequently married Affiant’s Spouse on the Date of Marriage, and they have remained married to each other continuously from then through the date of this affidavit.
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Or |
Affiant acquired title to the Property on the Date of Acquisition. Affiant was then married to Affiant’s Spouse, and they have remained married to each other continuously from then through the date of this affidavit.
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Or |
Affiant acquired title to the Property on the Date of Acquisition, and Affiant was then married to Affiant’s Former Spouse. They remained married to each other until they were divorced on the Date of Divorce, and Affiant acquired full title to the Property in the divorce. Affiant has not married again since the divorce.
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Or |
Affiant acquired title to the Property on the Date of Acquisition, and Affiant was then married to Affiant’s Former Spouse. They remained married to each other until they were divorced on the Date of Divorce, and Affiant acquired full title to the Property in the divorce. Affiant remained unmarried until marrying Affiant’s Spouse on the Date of Marriage, and they have remained married to each other continuously from then through the date of this affidavit.
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Or |
Affiant acquired title to the Property on the Date of Acquisition, and Affiant was then married to Affiant’s Former Spouse. They remained married to each other until Affiant’s Former Spouse died on the Date of Death, at which time Affiant acquired full title to the Property. Affiant has not married again since that time.
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Or |
Affiant acquired title to the Property on the Date of Acquisition, and Affiant was then married to Affiant’s Former Spouse. They remained married to each other until Affiant’s Former Spouse died on the Date of Death, at which time Affiant acquired full title to the Property. Affiant remained unmarried until marrying Affiant’s Spouse on the Date of Marriage, and they have remained married to each other continuously from then through the date of this affidavit.
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Continue with the following. |
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas