muffin Posted May 1, 2005 Posted May 1, 2005 A friend of mine has been living with her boyfriend in TX for a couple of years now. He works and makes real good money but she doesn't work outside the home, she sells things online for extra income, which averages to maybe minimum wage earnings or a part time job. She's in her 40's and has been needing to see a doctor for various things but she can't afford to go and she doesn't feel comfortable constantly asking her boyfriend to foot the bill. She keeps saying because of her boyfriend's income she can't get sliding scale or isn't eligible for low income programs. I don't see how she is bound to her boyfriend's income, even if they are common law, they aren't legally married. Does anyone know how that works? I'm just curious.
disconcertainly Posted May 2, 2005 Posted May 2, 2005 if they are common law married, Why can she not get on his insurance at work?
Author muffin Posted May 3, 2005 Author Posted May 3, 2005 Interesting question, she has asked him about doing that and he hasn't done it.
Cecelius Posted May 3, 2005 Posted May 3, 2005 I don't know why his income is included, but that probably is related to general spending authority. Common law marriage does not exist in most states (I don't practice in Tx), and where it does generally the couple have to hold themselves out as husband and wife (same name, tell people, etc.)
TUDOR Posted May 3, 2005 Posted May 3, 2005 Not sure 2 years constitutes common law. But common law can not be assumed by any agency, govt, etc. It must be proclaimed by her and her live in BF as such for it to be recognized as that. She should be able to apply for anything as a still single or unmarried woman.
brashgal Posted May 3, 2005 Posted May 3, 2005 Here in Texas you are considered common-law if you live together like a married couple and represent yourselves as being married - I had heard 6 months but I cannot find any reference to a specific time limit. There are other things that are considered 'evidence' like raising children together, filing joint tax returns, being beneficiaries on each other's insurance policies - seems the one thing you can't do is have it both ways - you can't say you are married and you are single because that negates the 'marriage'. I think she is just giving you an excuse as to why she does not go to the doctor.
KissMyTiara Posted May 3, 2005 Posted May 3, 2005 I'm not familiar with TX common law statutes, but as for the majority of the other states, 7 YEARS is the norm. If it were as short as 6 months, practically everyone would receive the benefits of marriage.
brashgal Posted May 4, 2005 Posted May 4, 2005 I couldn't believe it either but considering how easy it is to get married, it doesn't seem out of line. Just living together for 6 months doesn't constitute marriage, you have to present yourselves as married consistently, not just when you feel like it might benefit you. http://www.aaml.org/common.htm
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