Monday, April 13, 2009

What is the wife in a common law marriage entitled to when her husband dies in Georgia?

I am not even sure if a common law marriage is legal in Georgia. The man and woman were together for the past 9 years living in Georgia. They have a house together under both of their names, etc. The man, or her "husband" and she calls him, died recently. She is wondering what her rights are? Is she entitled to all of his remaining property if he did not have a will?


How many times have we heard, "A piece of paper doesn't make us any more married..."

Well, this is one of those times when that piece of paper comes in handy.

THE MYTH: There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:

Only a few states recognize common law marriages:

Alabama

Colorado

GEORGIA (if created before 1/1/97)

Idaho (if created before 1/1/96)

Iowa

Kansas

Montana

New Hampshire (for inheritance purposes only)

Ohio (if created before 10/10/91)

Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)

Pennsylvania (if created before 1/1/05)

Rhode Island

South Carolina

Texas

Utah

Washington, D.C.

Unless the marriage was entered into prior to January 1st, 1997 it isn't valid. Georgia doesn't recognize a common law marriage unless it was performed in another state.

You are entitled to nothing.

Sucks to be her since like married is not married. His closest living relative now gets his interest in the house. I sure hope he listed her as his beneficiary on his life insurance policy and 401(k).

peaches

yes unless you contest it

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