If my husband was not divorced when we got married, how does that affect us?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband was not divorced when we got married, how does that affect us?
My husband was not divorced when we got married, I’ve tried to explain to him that we are not married and I have no legal rights at all. If something should happen to him everything would go to his legal wife, even though my name is on the life insurance, etc. The only thing that is in our “name” is his truck and nothing else, the house is in his name only. Who is right?
Asked on August 5, 2012 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are. You are not legally married so you would have no claim to anything in his estate that is not jointly held with rights of survivorship. And she may have a claim against those items anyway depending on the amount of the estate. Now, the life insurance would not go through his estate and would pass to you automatically. But she may be able to cause a problem there depending. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.