Legal Question in Wills and Trusts in Florida
I have lived with my lady friend for 10 years,in the same house;and I have paid
about 90% of the house payments. If she dies, can I claim any part of the home;as my addresshas been the same for so long? Do I qualify under a common law
marriage ruling?
2 Answers from Attorneys
common law marriage does not exist in Florida. No exceptions. The house will go to her heirs, and not to you. You may have a claim against her estate, but it might be difficult to prove that the payments were not gifts to her or rent on your part.
The state of Florida does not recognize the concept of "Common Law Marriage." If your name is not on the deed or she does not leave you the residence (even a life estate on the real property) you will have no claim to it. Florida has very strict rules for disposition of "Homestead" real property.
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