Florida Law - you have a couple (not Married) lived together for 4 years the Man passes away and leaves the estate to his brother, does the woman have any rights to the home?
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Anonymous
ANSWERS: 3
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Not sure about Florida, but in Tennessee you have to live together for seven years, in order to be considered a common-law marriage. this would give each partner a fifty-fifty share of assets. Since the relationship was not seven years, then the brother would legally be the heir to any and all assets.
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No. There seems to be confusion about common law marriage, so I will explain in some detail. First, only ten states (plus DC) recognize common law marriage. Five other states have grandfathered it in, which means that if you qualified previously it will still be recognized, but no new common law marriages will be recognized. In the states that do recognize common law marriage, it requires more than just living together. To qualify you must: agree that you are married, live together, and hold yourselves out as husband and wife. And you must do this for a certain amount of time (that varies by state). Thus, if you live together and date other people, you cannot qualify for common law marriage. Similarly, if you live together and act like a married couple, but tell people you are not married, then you don't qualify for common law marriage. Florida (like most states) did previously recognize common law marriage. However, that ended in 1968.
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Let me rephrase my original answer, concerning common law marriages. Tennessee does not recognize a common law marriage, that occurred in the State of Tennessee. But, Tennessee does recognize common law marriages from another states, if common law marriages are legal in that state. Under certain circumstances, the State of Tennessee will recognize common law marriages, that might fall under a grandfather clause, or many years old.
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