Legal Question in Family Law in Florida
My husband and i married in 2013 in Florida. He was under the assumption that he was divorced from his first wife in Virginia based on her word that she signed the divorce papers in 2010. She passed away in April 2015 in Virginia. Based on her death certificate she was still married and did not sign the papers. He in the mean time based on our marriage in Florida changed his last name to mine in North Dakota based on our marriage license. We current living in Florida trying to purchase a house. I understand we are not legally married. Do we just need to get remarried? Is his name change legal since it was based on our marriage license that is now void? How do we squash our marriage license in Florida since it was not legal?
2 Answers from Attorneys
Your name change is valid and you certainly can purchase a house together jointly, but not as husband and wife, unless you remarry.
He does not need to divorce her because she died. Just get remarried.
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