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Thank you for the information and your question. The law is strict in that the minimum period that the couple must have been married with the spouse dies, if they are going to claim survivor benefits is 9 months from the date of death. If you live in a State that recognizes common law marriages and you held yourselves out to be husband and wife, by name and by introduction, for over 9 months, then you might be able to hire an attorney to see if they can get a court to declare that you were husband and wife for longer than 9 months. Otherwise, the SSA has no option but to deny your claim.
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Below is what you just posted in the other new question thread:
His bank account had my name on it before and after our marriage. The same with my bank account. We both signed the leases since 1982. I frequently introduced him as my husband. The will said everything in the home was mine. The bank said I had spousal right and they were mine. The other monies were split between his children and myself.
We lived in Texas. I still do.
I am not a court of law so I can't tell you what they will decide. You will have to hire an attorney for that. But, under the right circumstances, Texas does recognize common law marriages. In Texas in order to have that designation there must be a finding that:
(1) Agree to be married(2) Live together as husband and wife, and(3) Told others (hold yourselves out) that you are married.
If that is the case, then speak to a local attorney about assisting you with this issue and the SSA.
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