Reply #14: Good Point... [View All]

[MazeRat7]

I dont know about pensions or other government benefits like you mentioned since that is far removed my my reality. My assets are more property oriented (stocks, bonds, real estate, savings, etc). Her only problem in claiming a 'common law marriage" is proving it to the state. Everything they would generally consider (utility bills, credit cards, etc) are in my name (excluding various subscriptions to magazines, etc) . So from the states perspective (Texas in this case) she would have a hard time making/proving the case that we actually lived together for a very long time. Please keep in mind, I am not an attorney. So take anything I say as "experience" and "advice" rather than "fact". I suppose she could call witnesses to verify we were a couple for x amount of time, but I dont know what weight that really carries in the states eyes.

That is why I choose to protect her interest in me through the will process. It is easy and they must comply with my wishes. Of course all this assumes the case of my death vs her leaving. In the case of the latter, I believe if she could prove a "common law marrige" she would be entitled to 50% of the assest aquired while we were together and none that I brought to the relationship prior to that point.

All in all, the latter case would be really sticky but generally I think it would go down the same path and outcome as a classical divorce from a married partner.

MZr7