My husband has died few months ago. Now his mistress who he had affair with contesting my life insurance settlement calling herself common-law-wife. Is it even possible to do that??
2007-01-11 09:35:42 · 29 answers · asked by Lekker D 1 in Family & Relationships ➔ Marriage & Divorce
He lived with me too. All legal documents are on both names. In my opinion, it is polugamy.
2007-01-11 09:42:03 · update #1
No. He has only been married to you, so she has never been his wife.
In some states however she may be able to wheedle money from the courts if she is able to PROVE that a significant portion of her lifestyle was paid for by your husband.
In most states the judge will shrug her off like a light rain flowing down a duck's back. Check with your lawyer to see exactly where she stands. It's best if you know exactly how much your husband was spending on her every month/year.
2007-01-11 12:44:06 · answer #1 · answered by Kevin C 3 · 2⤊ 0⤋
She was never his wife, but some places mistresses get good cash when a guy dies. When my mom was younger, she was a guy's mistress. When he died, she got 25% of the insurance when she fought the will. She had good records, and he wined and dined her, and she never knew he was married until she saw the notice in the newspaper. (It was before my brother and I were born, of course.) It took 2 years to settle things the lawsuit, but she got money 3 days before my brother was born. After lawyer fees and all it was only about $26k.
It will probably depend on where you live though.
2007-01-11 22:51:00 · answer #2 · answered by Lucky Luke 2 · 0⤊ 0⤋
Nope she has no legal claim. If you two were legally married, that mean he could not enter into a common law marriage. (and only a few states allow Common Law) Part of entering into common law is that you have to be available to marry. If he was already married then he could not enter into common law.
The lady will be laughed out of court.
2007-01-11 17:52:59 · answer #3 · answered by Poppet 7 · 0⤊ 0⤋
Nooooooooooooooooooooo, never, you are his legal wife, and common law is just that, common, not legal,,she will make a bigger fool of herself in court, calling herself a common-law wife, that is so common. The law stands with the legal wife...the common law wife, has no right to contest anything.. No it is not ever possible, NEVER!!, pay her no mind, she has no legally rights over the wife.
2007-01-11 17:42:34 · answer #4 · answered by ladymaryum 2 · 0⤊ 2⤋
Possibly but that isn't relevant here. I presume your husband has written an insurance policy in your name.
If so you are the only person who can claim under uk law.
She may have a claim against other assets your husband left
2007-01-11 17:46:31 · answer #5 · answered by jewelking_2000 5 · 0⤊ 0⤋
I don't think she has a leg to stand on since you were already married to him. It would be breaking the law to recognize the common law marriage, because he was already married. Best wishes, hope she doesn't get a dime, and that it "costs her" to find out she gets nothing!!!
2007-01-11 17:41:03 · answer #6 · answered by wish I were 6 · 0⤊ 0⤋
I don't think that is at all possible. I don't believe any judge would let her weasel her way in. Where are you located? There are only a handful of states that even recognize common-law marriages.
2007-01-11 17:39:39 · answer #7 · answered by boredperv 6 · 0⤊ 0⤋
It might depend on what state you live in. My state of California does not recognize common law marriages at all. I would think she would lose if you were never divorced. Is she contesting on behalf of any children they might have had.
2007-01-11 17:42:34 · answer #8 · answered by Raven 5 · 0⤊ 0⤋
To the best of my knowledge, no it is not. None of the states in the United States nor Canada allow this. You are his only legal wife. She was his MISTRESS, not wife. Check with your lawyer.
2007-01-11 18:17:59 · answer #9 · answered by J T 3 · 0⤊ 1⤋
She can try anything but the burden is on her to prove it. If your husbands insurance has already paid to you don't worry about it. Even if they had a ceremony, it would be null and void since bigamy is against the law.
2007-01-11 17:43:14 · answer #10 · answered by Anonymous · 2⤊ 0⤋