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If a common law Marriage > 20 years, and 3 years of legal…

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If a common law...

If a common law Marriage > 20 years, and 3 years of legal marriage & the husband dies, can she get his Social Security & pension if she is 60 years old? He worked at Harley Davidson as a bike repair man. They had 2 kids when common law Marriage in effect. This is in state of Texas.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Death certificate of husband, and have birth records of the 2 kids when common law Marriage in effect.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is 60 years old & works part time as a bartender and table waitress. Her 27 year old daughter has had surgery for a malignant brain tumor. 70% of it was removed, so she'll take radiation & chemotherapy. It was close to her frontal lobe.

Submitted: 4 months ago.Category: Family Law
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Answered in 5 minutes by:
3/7/2018
Family Lawyer: RayAnswers, Lawyer replied 4 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,141
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

You can assuming you can prove up the common law marriage.You have to prove up total of ten years or more of marriage.

Under Texas law, to have a common law marriage, you must do three things:

(1) Agree to be married
(2) Live together as husband and wife, and
(3) Told others (hold yourselves out) that you are married.

In What Ways Do People “Hold Themselves Out” as Married?

Simply put, by telling others that they are married. Examples of telling other people you are married include:

  • Introducing yourselves as a married couple; or
  • Doing something that made people think you were married, like signing credit applications as a married couple.

Even if you said that you were married only one time, you can meet this requirement.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

prove a common law marriage to Social Security so that you'll be eligible for dependents or survivors benefits, one of the following must be provided.

  • If you are both alive, then you must both provide statements that affirm your marriage and you must provide a statement from a blood relative of each of you.
  • If your spouse has died, then you must provide a statement that affirms your marriage and two statements from blood relatives of your deceased spouse.
  • If both husband and wife have died, then a statement affirming the marriage from a blood relative of the wife and a blood relative of the husband affirming the marriage.

Again, the SSA will only acknowledge common law marriages that were established in states that permit them.

Social Security will provide the3se forms to you when you go in person to file for benefits.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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