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Who was legal wife and now who is widow?

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broken_halo

Junior Member
:confused: What is the name of your state?WI
I recently found out that the man I was married to and is now deceased, has a common law wife in another state that he never divorced. Was our marriage in this state legal? Am I the legal widow, or is the woman that he failed to divorce from a common law marriage his widow? I receive VA survivor benefits because he was 100% VA disabled, and I need to know if the 'common law' wife is really the widow and not me, and if she can take these benefits from me. There are no children in any of this, thank God, but he was married 2 more times before we married, so does this also mean that his other two marriages in this state were not valid either? This is confusing to me. Would someone explain what is what to me? :eek:
 


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rmet4nzkx

Senior Member
Yes his common is wife is his widow because your "husband" failed to divorce her and knew he was required to divorce prior to remarriage. Your "husband" was a bigamist and your marriage was never valid. You may want to consult an attorney re the consequences, since the VA will be notified of the situation, eventually the IRS will also. You may inquire re "Innocent spouse" status if there are any tax consequences. Did you receive any other death benefits, if so, what? Also if you control his ashes his or his families desired should be honored since you are not his widow. While this is not your fault, it is not her fault either.
 
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BelizeBreeze

Senior Member
rmet4nzkx said:
Yes his common is wife is his widow because your "husband" failed to divorce her and knew he was required to divorce prior to remarriage. Your "husband" was a bigamist and your marriage was never valid. You may want to consult an attorney re the consequences, since the VA will be notified of the situation, eventually the IRS will also. You may inquire re "Innocent spouse" status if there are any tax consequences. Did you receive any other death benefits, if so, what? Also if you control his ashes his or his families desired should be honored since you are not his widow. While this is not your fault, it is not her fault either.
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Not so fast little Filly.

First, in WHAT state was the 'common-law' marriage created?
 
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broken_halo

Junior Member
WI

The common law marriage was formed in SC.

EXCUSE ME!! I am not an 'idiot poster' as you so stated. I read the post that was linked to out here that post was from the 'common law' wife, I am the woman he married in WI. She is from SC. the I know this because she called me. By the way, he is creamated. Does this mean she could get his ashes that I have here? I did not have him interred. Should I contact the VA or wait to see what she does? I don't know what to do about this mess. He did not leave a will either. Could that woman get the property he left behind? Would I have to pay back the life insurance from the VA? I was the beneficiary.
Another thing, even tho both men are from the same state, WI, the years don't even match. I was not born until 1972 and my husband was only a few years older than me. Like I said, I don't know what to do but wait...
 
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R

rmet4nzkx

Senior Member
broken_halo said:
WI

The common law marriage was formed in SC.

EXCUSE ME!! I am not an 'idiot poster' as you so stated. I read the post that was linked to out here that post was from the 'common law' wife, I am the woman he married in WI. She is from SC. the I know this because she called me. By the way, he is creamated. Does this mean she could get his ashes that I have here? I did not have him interred. Should I contact the VA or wait to see what she does? I don't know what to do about this mess. He did not leave a will either. Could that woman get the property he left behind? Would I have to pay back the life insurance from the VA? I was the beneficiary.
Another thing, even tho both men are from the same state, WI, the years don't even match. I was not born until 1972 and my husband was only a few years older than me. Like I said, I don't know what to do but wait...
Click to expand...
Noth GA and SC recognized common law marriages, furthermore the recognition of that marital status is found in SEC. 216. [42 U.S.C. 416] (h)(1)(A) http://www.ssa.gov/OP_Home/ssact/title02/0216.htm VA will have similar.
Well a lot does match but even so, the same things will apply. The commonlaw wife is the legal widow since there was no divorce and your "husband" was a bigamist. Unless you were named as benificiary she would be the surving spouse. Yes, you would not control his ashes nor any property you didn't jointly purchase. Did you probate his estate? Did all the other dates match, such as the year of his death? Just because he claimed to be a few years older than you can you really believe that since he lied about everything else? Most men on the internet lie about their age by 5-20 years without giving it a second thought, so his claimed age should not give you much comfort.

You are going to have to deal with this situation, with his family and his widow, you might want to consult probate, tax, and family law attorneys.
 
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