Ask a Lawyer, David L. Leon, Attorney, Dallas, Texas (214) 696-0021 » common law marriage

Can a common law spouse be a beneficiary of a life insurance policy?

David Leon — Sat, 26 Dec 2009 04:22:40 +0000

Yes. A life insurance applicant may appoint anyone (or any entity) as a beneficiary on a life insurance policy, even a common law spouse. Also, if a common law marriage was in existence, then a common law spouse may have community property interests in a life insurance policy (purchased after the marriage) if the spouse is not listed as a beneficiary.

01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
25/12/2009 -- I’ve been charged with hindering a secured creditor? What is the punishment for hindering a secured creditor? (0)
25/12/2009 -- What is hindering a secured creditor? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
25/12/2009 -- I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? (0)
20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)

How do I know if the life insurance policy is community property or separate property?

David Leon — Mon, 02 Mar 2009 00:28:16 +0000

If the initial premium was paid out of community funds, the life insurance policy may be a community asset. This means that one half of the policy “belongs” to the surviving spouse. If a third person is named beneficiary of a community owned life insurance policy, and the surviving spouse did not sign a waiver, then the surviving spouse may challenge the beneficiary designation. If naming the other person is found to be a fraud on the surviving spouse, the spouse may be awarded a share of the death benefits and the named beneficiary will be entitled to receive the remainder. If you have an insurance issue that you would like to discuss, please contact us.

25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
25/12/2009 -- I’ve been charged with hindering a secured creditor? What is the punishment for hindering a secured creditor? (0)
25/12/2009 -- What is hindering a secured creditor? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
25/12/2009 -- I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? (0)

The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do?

David Leon — Mon, 16 Feb 2009 01:55:47 +0000

Possibly. If the life insurance company paid proceeds while ignoring the rights of the spouse, then the insurance company may be liable to the surviving spouse

15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)

I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do?

David Leon — Mon, 16 Feb 2009 01:55:11 +0000

Possibly. If you meet the statutory requirements for being a common law marriage at the time the policy was purchased, and community funds were used to purchase the policy, then the policy may be considered community property. The surviving spouse would be considered a one-half owner. These tend to be fact specific matters. Please contact us if you would like to discuss this further.

15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
24/08/2008 -- In re Estate of Wilson — Lost Will (0)

Are insurance policies generally characterized as separate or community in Texas?

David Leon — Mon, 16 Feb 2009 01:53:34 +0000

Texas follows “inception of title” when classifying life insurance proceeds. This means that ownership of the policy is established by the source of funds for the first premium. If that premium was paid prior to the marriage or with separate property, then the policy may be considered separate property. This is a highly technical area of law, and matters are case-specific. Please contact us if you would like to discuss a matter further.

15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
24/08/2008 -- In re Estate of Wilson — Lost Will (0)

My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do?

David Leon — Mon, 16 Feb 2009 01:51:48 +0000

In Texas, a life insurance policy that is purchased after a person is married, and community funds were used to pay for it, then the surviving spouse may have an ownership interest in the policy. However, a spouse way waive rights to the policy by signing a waiver. If your spouse had designated another as the beneficiary of a life insurance policy without your consent, or if you have questions, please contact us at 214-696-0021

15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)

Does Texas law recognize a “common law” or informal marriage?

David Leon — Sun, 15 Feb 2009 22:41:33 +0000

Yes. Texas law recognizes informal marriages. This issue most often after the death of one spouse, where the surviving spouse is attempting to prosecute a claim or where a surviving spouse is seeking a death related benefit from the deceased spouse.

The elements of a common law marriage are that a couple (1) agreed to be married, (2) lived together as husband and wife, (3) represented to others that they were husband and wife, (4) were more than 18 years old and (5) neither party was already married.

If a person is attempting to prove the existence of an informal marriage, then that person should do so within two years of the date the marriage ended (by either abandonment or death), as the burden of proof will shift.

01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
09/08/2009 -- How is it decided who will administer an estate? (0)

Our homestead is my separate property. May I sell or take a loan against it without my spouse’s permission?

David Leon — Sun, 15 Feb 2009 22:18:38 +0000

Generally, no. Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse, unless there is a special circumstance.

(Texas Family Code Sec. 5.001)