I think we are common law (under each other’s health insurance, filed taxes together.)
My name not on mortgage. Everything inside house (everything I own) insured under house (under boyfriend’s name).
After all this time, he still has is mother has the main beneficiary of all his life insurance/ investments/ everything.
If he dies, what happens to me? Do I lose everything? Or maybe I get stuck with a crippling mortgage that I alone cannot afford?
Looking for some enlightenment/ advice.
You'll probably have to fight his family in court for years, and spend thousands of dollars, to get anything when he dies.
You need to either 1) ask him to update (or create) his Last Will and Testament, naming you legally as his primary beneficiary and executor of his estate; or 2) get married.
You THINK you are common law. Whether you are or not depends on WHERE you live, WHERE you have lived together in the past.
You CANNOT file taxes together if you are not married, so I will guess you are not in the US. To file jointly when you are not married, traditionally or common law, is a felony.
Haven't I already answered this same question about life insurance several times today? He can name ANYONE he wants as his life insurance beneficiary. ANYONE - his mother, a stranger, the mailman. He has no LEGAL obligation to name you.
If he dies, what happens to you? If you are common law you inherit as his wife.
If you are NOT you are what is called a legal stranger to him. That means you are ENTITLED to inherit nothing. The house is his, goes to his next of kin. That sounds like it's his mother. The belongings would probably be detemined to be jointly owned. You would get your half, his half would go to his mother. You would NOT collect on his SS benefits. His children would.
I'd be more concerned about filing joint income taxes and committing a felony than I would with who inherits the house, pays the mortgage. You would have NO responsibility for mortgage payments because you don't own the house.
If he dies you and I have the same relationship to him - we are LEGAL strangers.
He CAN write a Will disposing of his assets in the event of his death. He CANNOT assign the mortgage to you. He CAN say that you inherit the house. It would be sold, you would get the proceeds after paying off the mortgage.
A Will does NOT change his life insurance beneficiary.
Health Insurance and tax filing don't make you common law.
Did you buy the house together? The name on the mortgage has nothing to do with anything - it's just who is responsible for the loan. If he dies, his insurance will cover the balance of the mortgage. If you are part owner, the home will become yours outright. If you are not truly considered common law, the home will become the property of his next of kin and you will likely be required to take your personal belongings and go.
If you signed to pay the mortgage you were silly if you do not have any protection in case of his death. If you did not sign the mortgage you are not responsible but you will have trouble getting that furniture out. That is why it is best to get married where there are laws to protect you. At this point you are just a friend, not a common law wife.
In what state do you even live? You mention in another post that you have only co-habitated (lived together) for 4 years, which would not qualify you for common law marriage in most states...
You might want to check on the common law marriage issue.
"I think we are common law (under each other’s health insurance, filed taxes together.) "
I wouldn't be so sure of that.
"If he dies, what happens to me?"
Likely just what you think.
At least, his family will be able to make a good case that you should be disinherited. If he wanted you to be the automatic beneficiary, he would have married you. Not marrying you means it his choice to leave you nothing.
If his mom is beneficiary, then she will get everything of his should he expire before her. This would be a good conversation to have with your bf. Good luck!
