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):
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.