Bigamy

[sotired]

What is the name of your state? South Carolina. My father resided in Florida.

My step mother married my dad 21 years ago. She has 2 children children with her 1st. husband. I have recently learned she may have been a bigamist; she had a husband in Poland at the time she married my father. My father died this past December. The estate handling has gone smoothly except for the house. Her name is on the deed so naturally the house is automatically hers.

My question is the house really hers if she was a bigamist at that time? Her name change would not have been legal if she was married to someone else.

There is no common law in Fl..

Thank you.

 

[I AM ALWAYS LIABLE]

What is the name of your state? South Carolina. My father resided in Florida.

My step mother married my dad 21 years ago. She has 2 children children with her 1st. husband. I have recently learned she may have been a bigamist; she had a husband in Poland at the time she married my father. My father died this past December. The estate handling has gone smoothly except for the house. Her name is on the deed so naturally the house is automatically hers.

My question is the house really hers if she was a bigamist at that time? Her name change would not have been legal if she was married to someone else.

There is no common law in Fl..

Thank you.

=======================================

My response:

You just got finished saying, "so naturally the house is automatically hers." And then you asked, "is the house really hers if she was a bigamist at that time?" Incredibly, you had already answered your own question.

But, now your statement is confirmed to be correct. "Naturally" and "automatically."

A name on a deed confers "ownership". It wouldn't matter if she was a "bigamist" or an "axe murderer." The only thing that matters is that her name is on the deed. Marital status has nothing to do with property ownership.

IAAL

 

[sotired]

If this woman was legally married to someone else, her name would have remained the same because bigamy is a crime in the U.S. To me this means the name on the deed of the house is fraudulent. It cannot be possible that a person like this would be entitled to everything & walk away smelling like a rose.

 

[I AM ALWAYS LIABLE]

If this woman was legally married to someone else, her name would have remained the same because bigamy is a crime in the U.S. To me this means the name on the deed of the house is fraudulent. It cannot be possible that a person like this would be entitled to everything & walk away smelling like a rose.

My response:

Yes, Bigamy is a crime. However, you have not stated a case for "fraud." Your father did, in fact, place her name on the deed to the home. The placing of her name was not done through fraudulent means or coercion, or anything else. Bigamy only goes to the "state of the marriage" itself - - not to property ownership.

For example, if her name were not on the deed, but your father said something like this in his Will, "To my wife, Martha, I give my entire house to her, located at ___________, Florida." Then, you might have a point because "Martha" is not his "wife" and her name doesn't appear on the deed. So, in this example, you could have this portion of the Will voided.

But, since her name IS on the deed, she was given an ownership interest BEFORE your father died. And, depending upon how the deed was written, e.g., jointly owned with right of survivorship, then yes, she could "walk away" with the entire ownership of the home.

IAAL

 

[sotired]

Thank you for your advice.

Once I obtain sufficient proof that this woman was a bigamist at the time, I am going to contact Social Security & see what path they want to take.

She is collecting $900 a month & is entitled to Medicare. I do not want to see her reap any more benefits from our country.

To all the oldsters out there who are considering marrying these wonderful european women: Beware or you & your family will lose everything.

Thanks again.

 

[I AM ALWAYS LIABLE]

Thank you for your advice.

Once I obtain sufficient proof that this woman was a bigamist at the time, I am going to contact Social Security & see what path they want to take.

She is collecting $900 a month & is entitled to Medicare. I do not want to see her reap any more benefits from our country.

To all the oldsters out there who are considering marrying these wonderful european women: Beware or you & your family will lose everything.

Thanks again.

My response:

I thoroughly agree with you. With the proper proof, you should, in fact, report her to the D.A. for potential prosecution. But, you're going to need the "hard" proof. If you don't have the proof, no one is going to spend or waste limited State or county funds to go chasing after an "alleged" bigamist when the money is better spend on current, serious crimes; e.g., rape, murder, etc.

When funds are extremely limited, I can tell you that no one is going to do research in Europe to discover the true facts. So, like I said, unless you have the "hard" evidence, don't expect anything to happen - - either with the State, or the Federal Medicare System. And further, like I said, even if you were able to prove your allegations, even bigamists, as well as "axe murderers" who may be behind bars are still allowed to own property.

Good luck to you.

IAAL

 

[sotired]

I agree with almost everything.

When it comes to trying to prove this woman is a bigamist, why should I or the government go to any major trouble or expense proving she is a bigamist when all she has to do is produce the original divorce papers? If I was being accused of a crime, I would have to provide an alibi.

If she cannot produce necessary documents then something is wrong. It would be up to her to obtain the proper paperwork to prove her innocence.

Social Security & any other pension fund should demand to see necessary documentation before paying out any more monies. Yes or no? Why not let the accused do a little leg work?

 

[stealth2]

Why not let the accused do a little leg work?

The foundation of our legal system includes "innocent until proven guilty." If you think she is - you have to prove it. She does not have to prove you wrong. For anyone to investigate it, you need to have some evidence, not just "I think" stuff.

 

[cyana]

My comment,

sotired, would be that I am SOGLAD that you are not my child.

 

[HomeGuru]

Writer, how was title to the deed held. If the tenancy was tenants in common, then the property would not "automatically" go to her. The property would be subject to probate.

 

[sotired]

The house did not go through probate. It automatically became hers upon my father's death. The fact that she swore on the bible to do the right thing when the house was sold will never happen. What I have on tape is of no consequence.

Cyana, your comment about how you are glad I am not your daughter. Sounds to me you are from Europe & have reaped stolen benefits.

These women come in from oppressed countries, strike a deal with foolish men & then take it all when these men die. So you would sit back & allow this to occur if it had happened to you? I don't think so. In this case, my sisters & I received the royal screw because the law protects this woman who is a possible bigamist.

It's not that I think she is a bigamist. Speaking to the old timers who know her & my late father, this seems to be a common occurrence with business arranged marriages. They leave their spouses behind in the 'old country' & come to the states to reap what they can. People who know this woman stated she was married while marrying my dad. Now I am being informed it's up to me to prove it. But you know what? Let our Social Security system pay her $900 a month, with Medicare, until she dies. She's only 68 & in good health. The United States always has money to waste & the illegals & criminals always benefit more than the legits. I am tired of all of this. So Cyana, hopefully none of this will ever happen to you. But doesn't it make you feel good that your taxes are supporting her & other people like her.