How do I get out of this mess?

[Benny Hill]

What is the name of your state? Texas

I let this girl move in with me 2 years ago, she was getting kicked out her apartment and I felt sorry for her, now how the heck do i get her out? Turns out she had back problems so I put her on my insurance as my spouse so she could get her medication cheaper. Does thsi make me common law married to her? Shes been with me 2 years now and I let her use my ins. to get back surgery. Now she is doing somewhat better i would like to move on with my life. She claims were common law married and will not leave. I own my own home and dont know where to start to get her to leave. Am I going to need a lawyer? I never introduced herto no one as my wife allthough I did buy her an engagement ring which she has since pawned off numerous times. Thankfully we dont have any children or assets together. She wont keep a job and is costing me a fortune, what do I do?

[Zephyr]

[url]http://www.dshs.state.tx.us/vs/marriagedivorce/mdfaq.shtm[/url]

Are My Girlfriend And I Considered Married Under Common Law If We Have Been Living Together For Five Years?
Common-law marriage, also known as "informal marriage" is legal in Texas, as is marriage by ceremony. A couple may choose whether or not to register their informal marriage. If they do choose to register, both the husband and wife must appear before the County Clerk to file a Declaration of Informal Marriage. The couple must list the date on the declaration from which they have considered themselves married. In other words, a couple can be married for some period of time before registering their informal marriage.

There are two ways a couple may prove that they are informally married:
They can file a Declaration of Informal Marriage (available from the County Clerk's office) or

They meet all of the following conditions:
# the couple agrees that they are married
# they live together in Texas
# They represent themselves or "hold out" to other individuals that they are married to one another

If the couple should split up and one of the individuals wishes to prove in a proceeding that the common-law marriage had occurred, she or he must start the determination process before the second anniversary of the date on which the couple separated and ceased living together. Otherwise, it is rebuttably presumed that the individuals did not agree to being married. [FC 2.401]

[Rushia]

Originally Posted by Zephyr

[url]http://www.dshs.state.tx.us/vs/marriagedivorce/mdfaq.shtm[/url]

Are My Girlfriend And I Considered Married Under Common Law If We Have Been Living Together For Five Years?
Common-law marriage, also known as "informal marriage" is legal in Texas, as is marriage by ceremony. A couple may choose whether or not to register their informal marriage. If they do choose to register, both the husband and wife must appear before the County Clerk to file a Declaration of Informal Marriage. The couple must list the date on the declaration from which they have considered themselves married. In other words, a couple can be married for some period of time before registering their informal marriage.

There are two ways a couple may prove that they are informally married:
They can file a Declaration of Informal Marriage (available from the County Clerk's office) or

They meet all of the following conditions:
# the couple agrees that they are married
# they live together in Texas
# They represent themselves or "hold out" to other individuals that they are married to one another

If the couple should split up and one of the individuals wishes to prove in a proceeding that the common-law marriage had occurred, she or he must start the determination process before the second anniversary of the date on which the couple separated and ceased living together. Otherwise, it is rebuttably presumed that the individuals did not agree to being married. [FC 2.401]

My guess is that she's going to declare that you represented that you were married because you added her as YOUR SPOUSE on your medical insurance. My advice is to lawyer up.

[Benny Hill]

If SHE is going to DECLARE that I represented that we were married, shouldnt SHE be the one lawyering up???? What if I dont feel that way? How do I go about evicting someone living with me? She doesnt have the money to afford a lawyer, I do. Why should I waste me money until she goes out and gets a lawyer 1st? How would you deal with this if you are just living together (in your home) and your roomate/partner refuses to leave and you dont feel you represented them as commonlaw????

[Zigner]

Originally Posted by Benny Hill

your roomate/partner refuses to leave and you dont feel you represented them as commonlaw????

Look, either she's your spouse (I put her on my insurance as my spouse), or you committed insurance fraud...your choice.

[LdiJ]

Originally Posted by Benny Hill

If SHE is going to DECLARE that I represented that we were married, shouldnt SHE be the one lawyering up???? What if I dont feel that way? How do I go about evicting someone living with me? She doesnt have the money to afford a lawyer, I do. Why should I waste me money until she goes out and gets a lawyer 1st? How would you deal with this if you are just living together (in your home) and your roomate/partner refuses to leave and you dont feel you represented them as commonlaw????

If it was an unrelated party, you would have to go through the legal process to evict them.

However, you did declare that she was your spouse when you put her on your insurance...that's a biggie...and you can't evict a spouse the way that you would evict a non-related party.

You want her out....therefore you are the one who needs to "lawyer up".

[VeronicaLodge]

Originally Posted by Zigner

Look, either she's your spouse (I put her on my insurance as my spouse), or you committed insurance fraud...your choice.

seriously, i would be more concerned about the insurance fraud at this point, getting a lawyer and a divorce would be much easier!

[IndyDad1on1]

Originally Posted by Benny Hill

Turns out she had back problems so I put her on my insurance as my spouse so she could get her medication cheaper.

Originally Posted by Benny Hill

Shes been with me 2 years now and I let her use my ins. to get back surgery.

You will need to get an attorney in your state to clarify your situation. There is another legal matter you might want to look into here.

If you are not considered "common law" married and based on your insurance policy and restrictions, this could also look like a case of insurance fraud.

[Benny Hill]

Well looks like I'll have to talk to a lawyer then I reckon!