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I have been married to my deceased husband since 12/87. Last

July 2012 my husband passed...
I have been married to my deceased husband since 12/87. Last July 2012 my husband passed away from a long time illness. I was recently informed that my husband married a woman in 1980. I had no knowledge of this marriage and my husband and I have lived together filed taxes, and purchase home. The woman who stated she was married is currently trying to get his miltary retirement. My question is can a press charges.
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Answered in 49 minutes by:
3/27/2013
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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You have what is referred to as a putative marriage. A putative marriage is where at least one partner assumed the marriage was was legally valid and that the marriage turned out be legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. In California a putative spouse ( the party who thought the marriage was valid) is entitled to a distribution of the marital property.

 

A putative spouse is entitled to a division of marital property just as if it were community property, meaning the putative spouse owns an equal, undivided one-half interest in all the marital property. Retirement benefits would be considered a marital asset. This is a very complicated area to deal with and you should enlist the aid of an attorney experienced with putative marriages.. The first spouse also has rights to the property which need to be considered.

 

I can point you to a treatise on the subject at: http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3087&context=californialawreview

 

 

I am not sure what you mean by pressing charges. No one broke the law. You should verify the other woman actually was legally married to your husband. There is a identity theft problem in this country, and you should not assume that a valid marriage existed..

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Customer reply replied 4 years ago

Thanks for your assistance, I did not add that during the course of our marriage my husband has had me on military benefits as his spouse. and his first wife was never put on military personnel issue. Also, they never cohabitated together and her last name was changed to another gentleman name before they were supposes to be married. Not to mention that she lived with that gentleman during the time of our marriage. My husband told me that he never married her they only shared a child together. So you are saying that the marriage was still putative?

What I am saying is first challenge the validity of the first marriage. If the first marriage is not a marriage no issue for you whatsoever. You would be the one and only wife.

 

If it turns out he was married and not divorced then you are a putative spouse. The other person is the spouse.

 

 

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

 

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Customer reply replied 4 years ago

Thanks, again I have another question I did find an application for marriage to the first recorder in Reno Neveda Would that be considered as a valid marriage or should a marriage application include a certificate as well as the application?.

An application for a marriage license is not the same as actually fiing the marriage license with the recorder. The license needs to be complete and signed by the individual officiating the wedding..

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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Customer reply replied 4 years ago

Thanks again for your assistance, It has been very helpful to me. So It is my understand from your last reply that all marriage application requires a certificate of marriage to be recorded as an valid marriage. Is is true that more then often people can fill out the application an never be married for what ever reason?.


 


.

Sometimes people apply for a license and just don't get married.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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Jack R.
Jack R.
Jack R., Attorney
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Satisfied Customers: 6,147
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Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

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