Common Law or Not?

My exhusband and I were married in 1995, had a son in 1997, separated in 1999, divorce final in Feb. 2000. A month after the divorce, he moved back into my house, contributed his income to our family, lost his job and depended totally upon me for support. He used my address as his address and introduced me to people as his wife. He killed himself in May of this year. At the funeral, his mother introduced me to everyone I didn't know as his wife rather than his "ex". Now I am having problems getting benefits (life insurance, social security, etc.). Were we common law married or not? If so, what do I need to do to prove to government agencies and life insurance company that we were? I reside in Texas. Thanks

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by cmail07:
[b]My exhusband and I were married in 1995, had a son in 1997, separated in 1999, divorce final in Feb. 2000. A month after the divorce, he moved back into my house, contributed his income to our family, lost his job and depended totally upon me for support. He used my address as his address and introduced me to people as his wife. He killed himself in May of this year. At the funeral, his mother introduced me to everyone I didn't know as his wife rather than his "ex". Now I am having problems getting benefits (life insurance, social security, etc.). Were we common law married or not? If so, what do I need to do to prove to government agencies and life insurance company that we were? I reside in Texas. Thanks[/b]<HR></BLOCKQUOTE>

My response:

While the Great State of Texas is, in fact, a common law marriage State, in order to be a beneficiary under that law you had to file papers with the County Clerk's Office in order to be recognized, legally, as man and wife. Without full compliance with the laws, you were merely living together as boyfriend and girlfriend. Unfortunately, unless you were a specifically named beneficiary under his policies and Will, you take nothing from his Estate. However, insofar as the children are concerned, that's another matter. For their sake, and even if he didn't have a Will, see an attorney for a determination concerning their rights to the insurance policies and, for them to take their share from his Estate, of which the policies are a part.

Good luck.

IAAL



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