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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118650
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer: replied 5 years ago.
I got advice from here from an attorney in 2009 about validity of my first marriage since the pastor nor I (since I have it) never filed the marriage certificate. The first marriage occurred in California and that state has five criteria for a valid marriage and recording of the certificate was one of those. It was not filed and I only learned recently that it not being filed would not "necessarily" void it if it was not submitted by the person solomizing the marriage or a "non' party to the marriage. It does not state it being void or not legal if a 'party' to the marriage did not file. Also, The first husband turned out to be an alcoholic/drug addict and is documented with Social Security and he abandoned me and family in 1995. He did not disclose his addictions nor his real age at the time of marriage. So I am going to attempt a court decision on this.

I was told by th attorney that I was free to remarry. I remarried here in Indiana in 2009, and was told by my divorce attorney when I filed for separation from my current husband that since NO annulment was filed against the first marriage and that I held myself out as married following the first marriage, having kids and filing taxes as married (where no legal record exists with the county recorder) that my husband's position is that the current marriage is void cause I am still married to first husband.

I want to know since I married the current husband here in Indiana, do I lose my right to the marital home if my name is XXXXX XXXXX deed (not mtg) if my marriage is truely void? The marriage certificate was filed for second marriage in 2009 (July).

I was told that since the foundation for this current marriage is void that I will not have interest in the home because the deed is titled as "Tenancy in the Entirety" because Indiana has a special form of joint tenancy when the joint tenants are husband and wife -- with each owning one-half. Neither spouse can sell the property without the consent of the other. Words in the deed such as "John and Mary, husband and wife as tenancy in the entirety" establishes title in tenancy by the entireties.

I was told the judge can order me to sign over my right to property based on this. Is this true?

If it is void; wouldn't the deed automatically convert to Tenants in Common? I don't believe I should lose my interest.
It the current husband proves that you knew you were still married to the first husband, then you would not be in good faith in coming into the second marriage and you could loose your rights to marital property (HOME IS DIFFERENT). You would have to prove that you did not know nor reasonably could have known that you were still married at the time of your second marriage.

The home is different because your name is XXXXX XXXXX deed and even if you were not legally married, the deed to the house would be as joint tenants, meaning you still own a share of the house and the deed would convert from by entireties to joint tenancy. Of course, the other side will try to argue that as it said "husband and wife" the deed is invalid, but if it does not convert to a joint tenancy then the court has no way to prove which party (husband or wife) would be the true owner. Thus, you still own a share of the house.

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Customer: replied 5 years ago.
I am a bit confused by the last part of your answer.

Could you explain it a little clearer, it sounds like either way I would have some right to the house but in a different way.
Yes, if you are not married and they prove the marriage is void then instead of tenants by entirety as husband and wife, it would be a joint tenancy, just as though to unmarried people bought the house together.
Customer: replied 5 years ago.
In a joint Tenancy; what rights to I have to:


Joint tenants have the same rights as you have now, to own, sell, buy, occupy, rent etc. If the two of you cannot agree on what to do with it, then you can file in court for a judicial disposition of the house and the court can decide what will be done with the house.
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Customer: replied 5 years ago.
Thank you very much.
Thank you.