Legal Question in Real Estate Law in Florida

common law status while still married?

Is it legal to claim common-law marriage OR domestic partnership (hetero-sexual,10 yr relationship) with a person while still being legally married to another person,in order for the claimant to continue living in the home owned solely by the deceased (and not willed to the common-law claimant). This is in Florida. Is there a stature or law that can be applied directly to this scenerio?


Asked on 3/02/09, 5:02 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: common law status while still married?

I am not licensed to practice law in Florida, but I am aware that all 50 states have laws against bigamy; and in California the conduct you described would constitute a felony crime.

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Answered on 3/02/09, 5:08 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: common law status while still married?

Florida does not recognize "common law" marriage. What you describe is a cohabitation arrangement, which provides no protections of marriage.

If you are seeking to stay in a home where you are not in the deed, then this must be addressed while the owner is still alive. This can be accomplished in several different ways.

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Answered on 3/03/09, 12:34 am
Brent Rose The Orsini & Rose Law Firm

Re: common law status while still married?

So you were living with your significant other who died and now you want to stay in the house even though you aren't on the deed? (Just trying to figure out what you're asking.)

No, the estate of the deceased has the right to evict you if I'm right about the facts.

Also, the other lawyer is correc that there is no common law marriage in Florida (and, even if there were, you can't become common law married while you are married to someone else).

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Answered on 3/03/09, 9:00 am


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