Common Law Marriage

lhill

The State of Texas recognizes common law marriage. Our health insurance group requires a certificate of informal marriage in order for an employee to add a common law spouse as a dependent on health insurance. So far, so good. When the ee called the county clerk's office to obtain this form, he was told "we don't recognize common law marriage and don't have the forms". This was brought to my attention by our insurance carrier who also got the same comment. While I am waiting for the county clerk to return my call I would like to ask others who live in states that recognize common law marriage if they have ever run into resistance like this. I am about to point out to our county clerk that counties can't pick and choose among which State laws to recognize, but I don't want to put my foot into my mouth. (Our attorney is out of touch today, of course)
Thanks for your help,
Linda

twochr

I'm sure you probably have the statute, but if not, here is what you can quote them (taken off the State of Tx website about marriages)

§ 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A
promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is
in writing and signed by the person obligated by the promise or agreement.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

Perhaps the couple needs to prepare a memorandum stating that they are common-law husband and wife and present that to the county clerk's office. That's what it looks like to me. (I am in Texas).

lhill

They can prepare and sign a statement, but the insurance company still requires the formal document. Our ins. co. is trying to help us out. They are contacting other counties to see if they will provide a form. This must be done is the county in which they reside, so they can't go to a more accommodating county clerk.

LarryC

Am I reading this right? Texas requires a formal document for an informal agreement?

Gawd, please don't let the Minnesota lawmakers see this!

lhill

It is not the State of Texas, it is the insurance company that requires a formal document. According to Texas law, if I am interpreting it correctly, the couple can go to the county clerk's office and present documentation stating that they are unmarried, have not been divorced from another party in the last 30 days, are of legal age, are a heterosexual couple, can't be related to each other, etc., etc. They are then recorded (somehow) and are considered married. Of course, it would be a lot easier to spend 10 minutes with a JP and make it simple, but they don't have to if they don't want to. Now I am going to go back to the insurance co. and ask them that very interesting question, "why do you require a formal document for an informal agreement?" Thanks, LarryC!

LarryC

Hey, you're welcome. Sorry I misread things.

Stll though, don't let the Minnesota lawmakers see this.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 03-31-05 AT 11:54AM (CST)[/font][br][br]Sounds to me as if your insurance company is off base too. They are requiring a document that your state law does not require. Your state recognizes the relationship if a document exists. Your insurance company is, I feel, overriding that by requiring something else entirely.

A hungry attorney would have the couple present a notorized document to the insurance company and then sue the insurance company for not accepting it.

The worker in that county office recently moved to Texas from Mississippi. All of ours write their own rules on a daily basis.

NaeNae55

We have had carriers require documentation of common-law marriage in order to cover the SO. We don't usually have a problem providing a signed form (standard reqardless of county). The problem comes when the couple splits and discovers that they have to get divorced. x:7

lhill

I finally got a copy of the form. It is called (Texas) "Declaration and Registration of Informal Marriage." You are right, NaeNae55, about the divorce. It costs $35 to file this declaration. Wonder what marriage licenses cost now?

E Wart

Where I used to work, we had an employee who had "lived with" a guy for something like 15 years and had a daughter. They held themselves out as husband and wife and admitted it was common law. She was covered under our group insurance, but didn't try to cover him, since he was covered under his work.
However, I will never forget when they broke up and she had to go get a divorce. She brought me the paperwork laughing that when she called her mother to tell her it was final, her mother's comment was you are the first person I know who is divorced, but never got married!!
I am with you. If you go to all this trouble, why not just get married and have all the benefits (including SS beneficiary etc.)
E Wart