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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have lived with a boyfriend since 1994, 5 years in Kansas

Resolved Question:

I have lived with a boyfriend since 1994, 5 years in Kansas and 11 years in Missouri. He is 71 and I am a 58 years old female. He has been in the hospital for 3 weeks and has cerebral damage, which has been developing for the last year or so. The oldest of his 3 sons just got legal guardianship over him since he is not able to make decisions. He is currently in a nursing home and his son does not want him to return to our home. He bought the home for us 11 years ago and my name is XXXXX XXXXX the deed. Do I have any legal rights as far as medical decisions? I have told is son I would quit my job and take care of him in our home. His son lives 90 miles from Kansas City and wants his father to live closer to him. Do I have any legal rights to the money he has earned and saved since we have been together? There about 10,000.00 in checking 20,000.00 in savings and around250,000.00 in CD I know the CD are in the 3 sons names. Do I have any legal rights at all?
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
In order to claim any rights you would have to claim that a common law marriage occurred when you were in Kansas, since Missouri does not establish or recognize common law marriages formed in the state of Missouri but would recognize a common law marriage established in a state that does recognized common law marriage.

Under Kansas law, a common law marriage is a marriage by agreement of the two persons without any formal ceremony or license. A common law marriage will be recognized in Kansas if the couple considers themselves to be married and publicly holds themselves out to be married and if they are legally eligible to marry. No minimum period of cohabitation is required. Common Law marriages are subject to the same legal obligations and privileges that apply to marriages with licenses.

You are going to need an attorney in MO to seek an order recognizing you as his common law spouse from the time in Kansas and then you would have the same rights of any other spouse.


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