Legal Question in Wills and Trusts in Florida

Rights of ex-common law spouse to joint bank account upon death

A common law marriage was established in Colorado via joint home ownership, cohabitation and joint tax returns several years ago. The parties separated 4 years ago (they did not legally divorce). The husband recently died. Before death, he added his biological daughter from a previous legal marriage as joint owner to his bank account (which was his only asset and he had no will). Does the former common law spouse have any rights to this money over the daughter who is joint owner of the account? Note the former common law spouse�s name is not on the bank account at all.


Asked on 11/10/07, 2:23 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Rights of ex-common law spouse to joint bank account upon death

no

Read more
Answered on 11/10/07, 3:06 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Rights of ex-common law spouse to joint bank account upon death

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First, I am not sure that there was ever a legal marriage. Most states outlawed common law marriages many years ago although quick research indicates that Colorado may still recognize them if you can prove cohabitation and that the couple held themselves out to be married. I do not know what ends the common law marriage, however, or if a formal divorce is required.

Regardless, since the common law husband added the name of his biological daughter to his bank account, she would normally be the owner of the account upon his death. You may have some rights to the monies by challenging the daughter, but you would have to file suit and have a court determine your rights, if any.

Scott R. Jay, Esq.

Read more
Answered on 11/10/07, 5:21 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida