Dad died and his GF is now claiming common law wife status

What is the name of your state?Georgia

My dad passed away a week ago. He didnt have alot of money and no property. The woman whom he lived with for 27 years though she never claimed common law wife and admitts this is now trying to take what ever money was in my dads bank account. She claims she can just take his ATM card and withdraw all the money in that account, a " friend" told her that. I dont think its legal. Yes they lived together, but they paid bills seprately and had seprate bank accounts. And neither of them claimed a common law marriage. Can she do this after the fact? Can she take his money? Its not an issue of the money I just dont want her to go to jail for identity theft or fraud.

[Tayla]

Originally Posted by Cyndi1969

What is the name of your state?Georgia

My dad passed away a week ago. He didnt have alot of money and no property. The woman whom he lived with for 27 years though she never claimed common law wife and admitts this is now trying to take what ever money was in my dads bank account. She claims she can just take his ATM card and withdraw all the money in that account, a " friend" told her that. I dont think its legal. Yes they lived together, but they paid bills seprately and had seprate bank accounts. And neither of them claimed a common law marriage. Can she do this after the fact? Can she take his money? Its not an issue of the money I just dont want her to go to jail for identity theft or fraud.

What state did your father and his companion live in? This will help aid in a proper response. I see where , you , as the poster, reside in Georgia, yet its plausible that your father co-habitated elsewhere. Pardon my nieveness yet where does it state that one must make a "claim" in order to constitute a common law marriage? I'd be interested in reading up on that as well since each state is different in its codes.

[stealth2]

Generally, states that allow common law marriages have that the couple holds themselves out to be husband an dwife as a requirement for it to be a valid common law marriage. And I think it's reasonable to assume that the OP is using GA as the state in question.

OP, I'm curious... Is someone else in the family having a dispute about her holding herself out as his CL wife? If not, is it worth worrying about? She was apparently his companion for nearly 30 years. Hardly sounds like a golddigger.

Yes Im talking about the state of Georgia. No, it isnt about the money. Its about weather or not its illegal for her to withdraw the money from the checking account. Im trying to find this information out for her. Im not a jealous daughter trying to sidestep her for crying out loud. Im trying to prevent her from unknowingly committing a crime. She was told by a friend that she could do this. This friend told her she had a common law marriage, though neither she or my dad ever claimed it to be a marriage or held themselves out to be a married couple, as it would mess up their social security payment. ( Both retired) I just want to make sure she is protected. Shes near 70 and with dad gone doesnt need to be charged with fraud or identity theft. As I stated before, neither ever claimed to be married or held themselves out to be married. They had no joint account, leases, bills and shes never used my dads last name as her own. They just lived together.

[stealth2]

At this point - who is going to go after her for claiming a common law marriage? That's why I asked if there was another family member with a problem - 'cause it didn't seem like you did. I really wouldn't sweat it, myself.

[rmet4nzkx]

Common law marriage is recognized in Georgia if it began prior to 1-1-97. Your father and his companion had for all intents and purposes a common law marriage, many married couples don't comingle money and very common for retired couples, not to marry to maintain their social security. That is where his companion will have some things to deal with. Since he has no survivor, there will be no death benefit. Here is the real quincher, his last month's social security payment will have to be returned, as they pay in advance and they have to live the entire month to be entitled, at least that is what happened when my Mother died, she died on 12-31-92, we had to return the entire month's social security payment because she was a few hours short of living the entire month.

If she has the code for his account she may be able to withdraw until the bank is informed of his death and most likely will freeze it unless she is on the account, that may be what her friend is referring to and Georgia law may allow it. So at some point probate will have to take place. Of course social security will have to be notified of his death and they will stop automatic deposits if he had those, although those already in the system will have to be returned. There may be consequences, she may have to account, soit is good you at least are not opposing her claim because 27 years together is a significant relationsip, marriage or not.

"A Common Law Marriage simply means that the marriage was established without benefit of a license and ceremony.

Although the definition may vary from state to state, the common features of a common law marriage are:

* Cohabitation--the parties lived together.
* Consent--the parties intended to hold themselves out as husband and wife.
* Holding out--the parties "held themselves out" to the world as husband and wife (i.e. The parties spoke of each other as "my husband" or "my wife").
* Neither party was married to someone else.

Do we have to live together for a certain period of time ot be "common law married"?

In most states that recognize common law marriages, there are no time requirements for living together. The controlling issue is not time together, but the intentions of the parties.

Are common law marriages legal in Georgia?

If the common law marriage was established in Georgia before January 1, 1997 or was legally established in a state that still recognizes common law marriages then it is a legal marriage. (O.C.G.A. §19-3-1.1)
19-3-1.1 G
*** CODE SECTION *** 12/03/01

19-3-1.1.

No common-law marriage shall be entered into in this state on or
after January 1, 1997. Otherwise valid common-law marriages entered
into prior to January 1, 1997, shall not be affected by this Code
section and shall continue to be recognized in this state.