My ex husband and I had been seperated since 1997. We married in 1992 and were very young ( first love ). It had been a rather abusive relationship and I never filed for divorce simply because I did not want him to find out where I was. I was afraid that he would find me. I just found out today that he passed away last week after an illness. As we were never divorced, am I his widow? He had a new "wife" ( common law) partner and I would never disrespect her and her grieving. I am simply wondering for when I need to file income tax reports or other legal forms.
Anyone have any idea ? ( I live in Canada and would fall under Canadian law)
2007-07-23 15:14:25 · 10 answers · asked by Tammy K 2 in Family & Relationships ➔ Marriage & Divorce
I have had some people indicate that I am after his money. Please read the whole question carefully. There is no where indicated that I am after his will. In all truth, my ex husband was on disability because of complication with diabities and alcholism and has no money ! I look after myself. I simply wanted to know for legal documents as I have always filled out forms as seperated !!!
2007-07-23 16:04:58 · update #1
I live in Alberta but we were married in Ontario. I think I would fall under Albertian law since I live there now
2007-07-23 16:06:56 · update #2
I am not a lawyer, nor do I play one on TV. But I think that legally you are his widow. His will would clarify a lot of things, if not probate court will probably recognize you as his widow.
2007-07-23 15:19:00 · answer #1 · answered by Brer Buffalo 6 · 2⤊ 0⤋
I lived in Canada for several years and have relatives in Windsor. The laws are very similar to US and YES, you are the widow. Since you were never divorced, the "common law" wife would not even be considered. There are polygomy laws and bigomy laws in Canada. You can not be married to 2 people at the same time. The first one is legal, the second one is void. What part of Canada do you live in? I went to school in Bramalea, Ontario. I have friends there and relatives in Windsor and around Ontario.
2007-07-23 15:26:13 · answer #2 · answered by baseballdad69 5 · 1⤊ 0⤋
I thought I could tell you until you said Canada. Here in the US, yes you would be a widow. The "common law" wife would not be that if you had never been legally divorced - she would just be the other woman. I suspect it would be the same in Canada, but you need to call a divorce lawyer where you live for specifics.
2007-07-23 15:20:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I can't speak for Canadian law but in the States you never divorced therefore you are the widow and therefore legally able to get half of his property. Get an attorney immediately and make sure you get what you are legally able to .
2007-07-23 15:48:21 · answer #4 · answered by dawnb 7 · 0⤊ 0⤋
In USA yes your a widow. In Canada im afraid I dont know, wish I could be of more help.
2007-07-23 15:19:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i dont know canadian law, but! you are his widow. and, under the law you have certain rights. i would definetely seek to claim the estate--remember, he was abusive and you are his wife.
you earned it!
2007-07-23 15:18:37 · answer #6 · answered by act_won 4 · 0⤊ 0⤋
in the us , after you have been separated for 7 years, then you are divorsed, so no you are not his widow. why would you want any of his stuff anyway? you should have filed for divorse when you had the chance and not wait till he is dead to go looking for money.
2007-07-23 15:23:50 · answer #7 · answered by trent b 4 · 0⤊ 2⤋
Now that he's dead, pretend the relationship was fine and all, and when she goes for his estate, pretend she's lying.
You have all the credibility here.
2007-07-23 15:24:32 · answer #8 · answered by Voltaire's book Candide 3 · 0⤊ 0⤋
You got married in the year i was born!
2007-07-23 15:22:52 · answer #9 · answered by valeri 3 · 0⤊ 2⤋
i wouln't no what you are you said he had a new wife , and you and him are not d i v o r c e ,,,, that illegal in canada
2007-07-23 15:46:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋