Is my marriage legal ifmy “husband”married me while he was still married to his first wife?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my marriage legal ifmy “husband”married me while he was still married to his first wife?

I married my husband and found out he was still married to his first wife. He told me he was divorced. We hired an attorney and filed the divorce. This was done some time ago. Unfortunately now we are going through a separation and probably a divorce. Was my marriage ever legal since he married me while he was still married to his first wife? And what do I do now if it was not, since we have a home together and other debt?

Asked on September 13, 2010 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You need to seek legal help in your area with all of this.  Did you get "re" married after the divorce?  If not then generally speaking your marriage is not valid.  It was never valid.  The debt - the mortgage and the other debt - is still considered to be joint debt but your responsibility to pay it is different and how you hold the home is now different.  For example, husbands and wives generally own homes with "rights of survivorship," meaning that if one of them dies the house passes to the other automatically.  When you are not married the deed has to speciaifaclly state :joint tenancy with rights of survivorship" or you do not have it.  If you signed up for a credit account as joint tenants then you are both liable for the debt.  That may or may not matter in the long run.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption