bigomy

[cruelva]

My spouse and I had been seperated for a several years but we never legally divorced, we remained close friends. A couple of years ago he remarried and when I addressed this issue to pursue our legal seperation he just did not want to. I did not push the issue since we were both happy and content with the way things were.

But he has passed away and as his legal spouse I've had to sign most of the legal papers on his behalf. Needless to say that his other partner's family and her are not happy at all.

Question: Does she report the marraige as a invalid one or does it happen automatically (who annulls the marriage)?
Question 2: Can she keep his name, his pension & other property, does she have any legal rights to them?
Question 3: Can creditors come after me for things he bought for her? Or even property he purchased while we were apart?

 

[army judge]

my husband an i were seperated for a several years but never legally divorced or seperated, we remained very close though. A couple of years ago he remarried knowing that we were not divorced and when I addressed this issue with him he did not want to pursue our legal seperation.

Now I'm having problems because he passed away two months ago. As his legal spouse I've had to sign most of the legal papers.

I offer you my sincere condolences upon the passing of someone that you once, and maybe still do love.
May God comfort you and offer you peace in the days ahead.

Question: Does she report the marraige as a invalid one or does it happen automatically (who annulls the marriage)?

I don't know why she would need to report her alleged marriage?
She wasn't married legally.
There is no reason to annul what never was.

He committed bigamy.

As far as you're concerned, you are and will always be his lawfully wedded spouse.
Death did you part, ma'am.

Question 2: She wants to keep his name and his pension, does she have any legal rights to them?

Now, this si where you come in, madam.
This does affect you.
That pension, assuming there is one, is yours.
She is nothing but his paramour.
The fact that he allegedly committed bigamy, has nothing to do with you.
He simply moved out, never divorced you before marrying her.
You took no action either, so he and you were married at the time of his passing.
You are entitled (or will be entitled to his pension, his possessions, a will notwithstanding, and even his social insecurity one day, assuming yours isn't worth more.)
You MIGHT also use his death certificate to apply to social security for the lump sum death benefit that pays $225.
Here's that link:

http://www.ssa.gov/survivorplan/ifyou7.htm

Question 3: Can creditors come after me for things he bought for her?

You aren't responsible for any of the debts of a deceased spouse.

They often pursue surviving spouses.

You are under no legal duty to pay the debts of a deceased spouse.