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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Am I entitled to legally claim that I was married to my common

Customer Question

Am I entitled to legally claim that I was married to my common law husband after his death?
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.
Were you married?
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youAre you in the UK or New Zealand?
Customer: replied 1 year ago.
Hi Clare, we never formally married but lived together for around 4 yrs in the U.K. mostly. We also lived in the United States And Europe. About five years after his death I returned home to New Zealand However my social media and art profiles state we were married which is being contested by my partner's son.
Please could you respond to me at :***@******.***
I had to put in my son's email address because this site wouldn't accept mine. I have used this site before about a year ago about a different matter,
Expert:  Clare replied 1 year ago.
HiYou can claim whatever you wish - but the legal fact is that no you were not married.However it is not likely that your later partners son could take any action to stop you Please ask if you need further details
Customer: replied 1 year ago.
Hello again, Clare, here is an email I received this morning from my late partner'son from his first marriage:Dear Marguerita,You cannot ignore this issue.There are too many legal consequences to you representing yourself as having married My father.I am contacting third parties to inquire about your representations.Please note that a marriage revokes all Wills, therefore if you are holding yourself out as married there was no Will and no settlement.Please confirm that you did not marry My father, amend your social media details and correct that false assumption with third parties.If you continue to assert that you married we will need to reassess whether you are legally entitled to any Estate monies.
Customer: replied 1 year ago.
Based on the email above that I forwarded from the son from an earlier marriage, do you think that I can continue to state we were married on social media etc without potentially awful consequences?
Expert:  Clare replied 1 year ago.
Yes it is all blusterThe fact is you were not legally married - so there are no legal consequences involving the estatebut you were married in your heads and hearts and in many ways that is what Social Media is about
Customer: replied 1 year ago.
Thank you for your responses, Clare.My last question is: do I need to employ a British lawyer - Or should I just remove the word married from all my profiles and sites? The blustery son is a London solicitor and so I imagined that he would have inside information about such things and so would make it as difficult as possible for me unless I bow down to his bullying which one way or another has gone on for years.
Expert:  Clare replied 1 year ago.
There is nothing that he can do to you - so simply ignore him
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** been a great help. Much appreciated, Marguerite
Customer: replied 1 year ago.
Hello again, Clare,
Regarding the email I copied to you earlier today from my late husband's son. I am unable to settle within in my mind and need some assurance that there really is nothing that he can do if I continue to say his father and I were "married" on social media and in my art and business profiles.
My late partner's son is a British senior solicitor residing in London. He can be vicious and malicious and I need to make sure that I protect myself regarding calling myself his father's wife. Are you able to give me any reassurance that there is nothing legally that he can do to me? much appreciated, Marguerite.
Expert:  Clare replied 1 year ago.
For clarity - by claiming this are you in any way obtaining a quantifiable benefit - more prestige; more income etc.When do you lose your partner?
Customer: replied 1 year ago.
Thank you for getting back to me and apologies for this delay....
He was famous and there is talk about a movie being made about him. Our son and I receive a couple of hundred pounds a year from the Estate. He died in 1989 when our son was one and a half years old. He introduced me as his wife internationally socially and public ally for the time we were together. There is prestige from having his name. I am not sure that it would be more than now.
Expert:  Clare replied 1 year ago.
If he himself introduced you as his "wife" then you certainly have no reason not to describe yourself as such.
Clare
Customer: replied 1 year ago.
Ok, thank you for your help. However I am not sure that my if it I get him will stop the onslaught of threats.I have tried to Change your my account settings to my own email address :***@******.***
Your site will not accept my email address because I have used this site in the past.
Please replace my son's email address :***@******.*** with mine :***@******.***
as he is receiving too many emails from this site. Please could you use only mine:***@******.***
Customer: replied 1 year ago.
Darn spell check!after thank you for your help, I meant to say I am not sure that ignoring him will get him to stop....
Expert:  Clare replied 1 year ago.
Please understand - there is no law that says you cannot describe yourself as some one's "wife" even where there has been no legal ceremony.Many people do it everydayThere would be legal consequences if it was being done to defraud someone - or it was being done to harass someoneIn your case your late partner also used the phrase - which means that this is how you each saw the other - as a spouse and this validates your use of the wordI suggest that you email the son this."You are fully aware that your father referred to me as his "wife" and I chose to continue this.Rest assured that I am well aware that had there been a Marriage certificate I would have had conduct of his estate rather than you"Clare
Customer: replied 1 year ago.
Thank you, ***** ***** is a great help.
Expert:  Clare replied 1 year ago.
You are very welcome - put this bully in his palce

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