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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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I live in Houston, Texas my ex-husband and myself have reunited

Customer Question

I live in Houston, Texas my ex-husband and myself have reunited with each other and are now living together. We live in my house that I am buying. I have been unemployed since March 2013 and I have been on Cobra Medical Insurance which is very expense. I am wanting to know if he wants to add me to his Medical Insurance Plan thru his employer's coverage, does this make us common law married? My question/concern is that if things dont work out between us and he claims we are common law married, would there be a chance that he could get any of my assests such as half my home or half my 401-k or anything that I own? We have the same last name because I never changed my name after we divorced back in 1996. We dont share banking accounts and he is on my auto insurance listed as a friend not a spouse. Please let me know if I stand a chance to lose the things that I have worked very hard for all my life if this relationship happens to not work out and he wants to try to get my things. Thank you so very much inadvance for your help.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Is he adding you as his spouse?
Customer: replied 1 year ago.

Well I would think he would have to, inorder to add me to his insurance. So lets say yes! But nothing has been done at this point.

Customer: replied 1 year ago.

Well I would think he would have to, inorder to add me to his insurance. So lets say yes! But nothing has been done at this point.

Customer: replied 1 year ago.
Hi I would like to know if my exhusband who is now my boyfriend who lives with me, could get any of my assests if things dont work out between us. We live in Houston Texas.
Thank you
Customer: replied 1 year ago.
Relist: Incomplete answer.
Get a new answer please to my question below:

I live in Houston, Texas my ex-husband and myself have reunited with each other and are now living together. We live in my house that I am buying. I have been unemployed since March 2013 and I have been on Cobra Medical Insurance which is very expense. I am wanting to know if he wants to add me to his Medical Insurance Plan thru his employer's coverage, does this make us common law married? My question/concern is that if things dont work out between us and he claims we are common law married, would there be a chance that he could get any of my assests such as half my home or half my 401-k or anything that I own? We have the same last name because I never changed my name after we divorced back in 1996. We dont share banking accounts and he is on my auto insurance listed as a friend not a spouse. Please let me know if I stand a chance to lose the things that I have worked very hard for all my life if this relationship happens to not work out and he wants to try to get my things. Thank you so very much inadvance for your help.
Expert:  Phillips Esq. replied 1 year ago.
I am sorry for the delay in getting back to you. I had computer problems.

Kindly give me few minutes to review your replies and get back to you. Thank you for your patience.
Customer: replied 1 year ago.

Okay thank you kindly!

Expert:  Phillips Esq. replied 1 year ago.

I live in Houston, Texas my ex-husband and myself have reunited with each other and are now living together. We live in my house that I am buying. I have been unemployed since March 2013 and I have been on Cobra Medical Insurance which is very expense. I am wanting to know if he wants to add me to his Medical Insurance Plan thru his employer's coverage, does this make us common law married?




Response 1: If your ex is adding you on his insurance as his spouse, then the answer is yes because you have now presented yourselves once more as husband and wife. See Texas Fmaily Code Title 1 Chapter 2 Section 2.401(a)(2):




http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.2.htm





SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

(c) A person under 18 years of age may not:

(1) be a party to an informal marriage; or

(2) execute a declaration of informal marriage under Section 2.402.

(d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.




My question/concern is that if things dont work out between us and he claims we are common law married, would there be a chance that he could get any of my assests such as half my home




Response 2: No because your home is your separate property and would not be subject to division..




or half my 401-k





Response 3
: Yes, but only the benefits you accrued after becoming common law husband and wife.




or anything that I own




Response 4: No, Your common law spouse would only be entitled to those things that you accumulated after and during the common law marriage.




We have the same last name because I never changed my name after we divorced back in 1996. We dont share banking accounts and he is on my auto insurance listed as a friend not a spouse. Please let me know if I stand a chance to lose the things that I have worked very hard for all my life if this relationship happens to not work out and he wants to try to get my things. Thank you so very much inadvance for your help.




Response 5: See my previous responses.

Let me know if you need additional information.


Thank you again for your patience.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

okay thank you kindly, could you please explain more about the 401-k benefits please

Expert:  Phillips Esq. replied 1 year ago.

okay thank you kindly, could you please explain more about the 401-k benefits please


Response
: Let's say, you have $50,000.00 in your 401k when you become common law husband and wife. Then you break up several years later and the 401k has $75,000.00. Your common law spouse would only be entitled to 50% of $25,000.00, the amount that accumulated after and during your common law marriage.


Thank you for the positive rating,

Customer: replied 1 year ago.

Okay thank you kindly and I am wondering at this point have we become common law married just by living in the same house as girlfriend and boyfriend. I always make the comment that he is my ex-husband new boyfriend. I always say this. He on the other hand doesnt correct others when they say he is my husband or that I am his wife. I will always correct this to anyone who thinks we are husband and wife. So what would make us common law married other than him or I putting each other on one or the others insurance plans as spouses or publicly acknowledging that we are husband and wife????? Over the years my mail sometimes from those that dont really know me have sent mail with Mr. & Mrs. our lastname but they dont know us. I didnt recognize any of the mail or anything as husband and wife after the divorce. thank you again for all your help

Expert:  Phillips Esq. replied 1 year ago.

Okay thank you kindly and I am wondering at this point have we become common law married just by living in the same house as girlfriend and boyfriend. I always make the comment that he is my ex-husband new boyfriend. I always say this. He on the other hand doesnt correct others when they say he is my husband or that I am his wife. I will always correct this to anyone who thinks we are husband and wife. So what would make us common law married other than him or I putting each other on one or the others insurance plans as spouses or publicly acknowledging that we are husband and wife?????


Response 1: If both of you sign declaration that you are husband and wife. At this time, you are not common law husband and wife since you have corrected others’ assumption that you are married.


Over the years my mail sometimes from those that dont really know me have sent mail with Mr. & Mrs. our lastname but they dont know us. I didnt recognize any of the mail or anything as husband and wife after the divorce. thank you again for all your help



Response 2: Those mails will not make you husband and wife. Since you were previously married, it is easy for your mails to be addressed that way. The primary issue is your addition to his insurance or him in yours. If this is done, you would be considered common law husband and wife. So, you have to weigh the risk and benefits of being added to each other's insurance plans because the consequence is very huge.

Customer: replied 1 year ago.
At any time that we are living together and someone else introduces us as one or the others husband or wife to someone who doesn't know us and most likely will not ever see us, does that make us common law?
Expert:  Phillips Esq. replied 1 year ago.

At any time that we are living together and someone else introduces us as one or the others husband or wife to someone who doesn't know us and most likely will not ever see us, does that make us common law?


Response: Mostly likely if you keep getting introduced that way and you let it stand. You should always politely state that you are now divorced, but are getting along. I say this because your ex-husband may you your silence against you down the road.

Let me know if you still need further clarification.

Customer: replied 1 year ago.

Thank you so very much for all of your answers, I truly appreciated it very much! I believe that I spent my money very wise by purchasing this service. You have been such a blessing to me and a stress reliever.


Thank You again PhillipsEsq

Expert:  Phillips Esq. replied 1 year ago.
You are quite Welcome!

It has been a pleasure chatting with you.


All the best
Customer: replied 1 year ago.

Hello again, I have one more question about insurance coverage. When reading my ex-husband new boyfriends insurance information they do allow their employees to add their domestic partners to their insurance. They have two descriptions of domestic partners. My question is if he adds me to his employers insurance plan as his domestic partner would this be the same as his spouse and we would be considered as common law marriage?


Thanks again in advance

Expert:  Phillips Esq. replied 1 year ago.

Hello again, I have one more question about insurance coverage. When reading my ex-husband new boyfriends insurance information they do allow their employees to add their domestic partners to their insurance. They have two descriptions of domestic partners. My question is if he adds me to his employers insurance plan as his domestic partner would this be the same as his spouse and we would be considered as common law marriage?

Response: No, it would not. You want to make absolutely sure that you are only being added as a domestic partner and not as a spouse. Also, you need to review more information on domestic partnership and its implication before getting into this arrangement with your ex. For more information, click on the link below:

http://www.traviscountyclerk.org/eclerk/Content.do?code=R.29




Let me know if you need additional information.

Customer: replied 10 months ago.

Hi Phillips,

 

I have another questions regarding adding myself to my ex-husbands new boyfriends insurance plan...... would being listed as his ( Significant Other ) considered to be the same as his spouse or domestic partner? In other words if he listed me as his Significant Other would we be considered as Common Law Married?

 

Thank You very much,

Lily XXXXXXXXXX

11-06-2013

Expert:  Phillips Esq. replied 10 months ago.

Hello Again Lily. Hope all is well with you. I was offline when your post came in.


Your question:

I have another questions regarding adding myself to my ex-husbands new boyfriends insurance plan...... would being listed as his ( Significant Other ) considered to be the same as his spouse or domestic partner? In other words if he listed me as his Significant Other would we be considered as Common Law Married?

Thank You very much,

Lily XXX

 

Response: No, it will not be.

 

 

Customer: replied 10 months ago.

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Hi Phillips,


 


Thank you so very much! You have made my day!


 


 

Expert:  Phillips Esq. replied 10 months ago.
You are quite Welcome!

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