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calif putative spouse or cohabitant?

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PhyllisNor

Guest
What is the name of your state? California:confused: Lawyer has filed to void marriage. Started divorce in 1966 found not completed by lawyer 1974 divorce final 1978 Married another man 1972 we did not remarry after 1974 he left 26 Oct 2002 and I saw lawyer on 30 Oct. Every thing I have read says the lawyer should have filed me as cohabitant not as putative spouse. Will I not be entitled to claim community property and community assets? He has all money, stocks, Keough, IRA and automobiles in his name only the house and property are in both our names.

help please, I am really scared my lawyer is not doing right!
Thank you
 


stephenk

Senior Member
how is your Keogh plan in his name only? what do you think your attorney is not doing that you think he should be doing?
 
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PhyllisNor

Guest
Hi Stephen

I am not sure if filing as putative spouse if correct. found that i was not divorced from first spouse in 1974.

married 2nd spouse 1972, after the final from 1st spouse in 1978, never legalized 2nd marriage.

i believe, from all that i have read on the web sites, that i am only putative spouse until 1974 and after that would be cohabitant. from all i have read on the web sites being a putative spouse i would not be entitled to property or assets since 1974 to Oct 2002.

there is no Keogh in my name, the largest part of all retirement and assets are in his name only.

Thank you
 

stephenk

Senior Member
when your first divorce was finalized in 1978, did you attorney request that the dissolution of your marital status be set before your 1972 marriage. it is typically referred to as a judgment nunc pro tunc. the dissolution date is ordered to be prior to your second marriage date so there is no problem.

check with your attorney.
 
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PhyllisNor

Guest
Nothing was done to make the 1972 marriage legal by a lawyer, nor by either of us, we continued to live and act as man and wife.
 

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