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Marriage Vs Common Law/Domestic Partnership

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Latest post Tue, Nov 9 2010 11:03 PM by adjuster jack. 2 replies.
  • Tue, Nov 9 2010 10:21 PM

    • Holly89
    • Not Ranked
    • Joined on Wed, Nov 10 2010
    • TX
    • Posts 2

    Marriage Vs Common Law/Domestic Partnership

    My boyfriend and I have been together for just about 3 years. I am pregnant with our first child. We want to get married, but I have really good insurance and school benefits through my parents since I am still full time in college. I can keep these up until I am 26. I am 21 now and have about 3 years left of school. If I get married however I loose some of my benefits and all of my insurance. I was looking into the marriage laws and technical things and came across a Common Law/Domestic Partnership. It seems like its the same thing as a marriage just without the legal paperwork. Im not sure I understand the exact differences. I would want to still change my last name like if I was really married, but I dont want to loose my school and insurance benefits or I would just go ahead with the actual marriage. If anyone could fill me in at all Id be greatly appreciated....


  • Tue, Nov 9 2010 10:31 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Marriage Vs Common Law/Domestic Partnership

    Texas allows for a form of common law marriage.

    But technically to be so married is the same as any other form of marriage and would take you off the parents medical coverage. Or to consume benefits after you were married might be view as a form of fraud .

    Now I'm a bit old fashioned on some topics--but unless your proposed husband adds a good medical coverage plan  to the union I might hesitate about a formal union of any sort any too soon. .

    Aside, under the quirky financial aid rules of FAFSA your need based aid may well go up once you have a live child.and your parents ability to pay drops out of the equation.

  • Tue, Nov 9 2010 11:03 PM In reply to

    Re: Marriage Vs Common Law/Domestic Partnership

    In Texas it's not called "common law marriage" it's called "informal marriage" and to be valid does require "legal paperwork."

    Declaration and registration of informal marriage is required.

    Read the statute:

    Therefore, in Texas, whether you have a formal marriage or an informal marriage, you are married and you'll lose your insurance benefits.


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