Posts Tagged common law marriage
Can a common law spouse be a beneficiary of a life insurance policy?
Posted by David Leon in Contract law, Estate planning and probate, Insurance Law on 25/12/2009
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.
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How do I know if the life insurance policy is community property or separate property?
Posted by David Leon in Estate planning and probate, Insurance Law on 01/03/2009
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.
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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?
Posted by David Leon in Insurance Law on 15/02/2009
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
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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?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
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.
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Are insurance policies generally characterized as separate or community in Texas?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
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.
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My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law, Litigation and judgments on 15/02/2009
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
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Does Texas law recognize a “common law” or informal marriage?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
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.
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Our homestead is my separate property. May I sell or take a loan against it without my spouse’s permission?
Posted by David Leon in Estate planning and probate, Family Law, Real Estate Law on 15/02/2009
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)
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