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Common Law

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J

jtowne22

Guest
What is the name of your state? Florida
My wife and I were married in Florida in Dec, 2002. She had lived with a man before that for 17 years. they resided in Maine and were not married. Prior to Maine, they resided in Rhode Island. He says they are wed by common law, she says she never considered herself married, though she had changed her last name to his. Is this a case of bigamy?.....more specifics are available, if needed. Also, I am going to claim her as a deduction on my taxes, and he says he is too. Is there a problem with him claiming her? Or me?
Thank you
 


gowest

Member
Go to this website: http://www.unmarried.org/common-law-marriage.html

Rhode Island:
The requirements for a common-law marriage are: (1) serious intent to be married and (2) conduct that leads to a reasonable belief in the community that the man and woman are married.

The most common misperception is that a relationship lasting seven years or more is considered a common law marriage. Not true. Under RI law, a common law marriage occurs when the parties intend to enter into a "husband and wife" relationship, conduct themselves as if they are husband and wife, consider themselves to be married, and represent themselves in the community to be "husband and wife" to such a degree that their friends, relatives and others believe them to be married.

I'm sure you realize that if both you and her (possibly) other husband "claim her as a deduction"...the IRS will be calling.
 
D

DRN

Guest
She changed her last name to his and didn't consider herself married?

Sounds married to me.
 
B

Boxcarbill

Guest
jtowne22 said:
What is the name of your state? Florida
My wife and I were married in Florida in Dec, 2002. She had lived with a man before that for 17 years. they resided in Maine and were not married. Prior to Maine, they resided in Rhode Island. He says they are wed by common law, she says she never considered herself married, though she had changed her last name to his. Is this a case of bigamy?.....more specifics are available, if needed. Also, I am going to claim her as a deduction on my taxes, and he says he is too. Is there a problem with him claiming her? Or me?
Thank you
Let me take a wild and crazy guess. This woman who never considered herself married but who changed her last name to his also filed income tax with him as "married filing jointly."
 

gowest

Member
jtowne22...

You stated in your post: "more specifics are available, if needed." Your non-response thus far is starting to "speak volumes".

Common-law is a not easy to prove when the parties involved disagree as to whether a marriage actually exists. The courts look for specific actions and the "name change" and "married filing jointly" actions (if done while in the State of Rhode Island) point to their intent to be married. However, if they never referred to each other as "my husband"... "my wife"... and friends, relatives, and the community in Rhode Island where they resided didn't think they were married, there's a chance the common-law marriage does not exist.

You and your wife need to find a lawyer who is very familiar with common-law. https://attorneypages.com/

Good Luck.
 

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