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Old 05-30-2007, 05:54 PM
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Father living with ex-wife...common law in Florida?

What is the name of your state? Florida

My father divorced his wife a few years ago. They have (just this past year) reconciled and decided to live together without marrying again. What will be her rights to my fathers estate should he die? Are there common laws for living together in Florida?
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Old 05-30-2007, 05:56 PM
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Quote:
Originally Posted by billyjean View Post
What is the name of your state? Florida

My father divorced his wife a few years ago. They have (just this past year) reconciled and decided to live together without marrying again. What will be her rights to my fathers estate should he die? Are there common laws for living together in Florida?
[url]http://family.findlaw.com/marriage/living-together/common-law-states.html[/url]
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  #3  
Old 05-30-2007, 10:44 PM
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Will she have any rights to his estate?
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Old 05-31-2007, 06:27 AM
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Maybe. No one can answer that without reading his will.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 05-31-2007, 10:59 AM
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Common law

I am not an attorney but do know that Florida has not contracted common law marriages since 1968. However, if he lists her as his beneficiary in any will or trust then she has rights to whatever he leaves to her.

Cohabitation in Florida is illegal but the laws are raely enforced.

Florida statute states:

CHAPTER 798

ADULTERY; COHABITATION

798.01 Living in open adultery.

798.02 Lewd and lascivious behavior.

798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

History.--s. 1, ch. 1986, 1874; RS 2595; GS 3518; RGS 5406; CGL 7549; s. 772, ch. 71-136

798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 6, ch. 1637, 1868; RS 2596; GS 3519; RGS 5407; CGL 7550; s. 773, ch. 71-136

Punishment is:
For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days. Fine of $500.
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