still common law married?

[mossy]

What is the name of your state? Georgia
My mother was legally married to a man in 1984. She divorced him in 1986.
They then lived together off and on, but mostly on from 1986 till the time she
passed away in 2005. Can he claim common law marriage with her still??
Does he have the same rights to her estate as if they were still legally
married?

Thanks for your help.

[rmet4nzkx]

Originally Posted by mossy

What is the name of your state? Georgia
My mother was legally married to a man in 1984. She divorced him in 1986.
They then lived together off and on, but mostly on from 1986 till the time she
passed away in 2005. Can he claim common law marriage with her still??
Does he have the same rights to her estate as if they were still legally
married?

Thanks for your help.

As long as they met the requirements for a common law marriage sometime in the 11 years in between their divorce and when common law marriage was repealed and did not formally divorce again since then, yes he is entitled to the rights of a surviving spouse. Georgia repealed its common-law marriage statute, GA. CODE ANN. §§ 19-3-1 and 19-3-1.1, which voids any common law marriage purported to have been contracted on or after 1/1/97.