Sentences with phrase «putative spouse»
The phrase "putative spouse" refers to someone who is believed or assumed to be a person's legal spouse, but there may be some doubt or uncertainty about the validity of the marriage. Full definition
The status of putative spouse is eliminated by the knowledge of the fact that she is not legally married, and no further acquisition of spousal rights is permitted.
illinoislegalaid.org
Cohabiting couples also might establish property rights as putative spouses.
Davis, 521 S.W. 2d 603; Putative spouse rights; Putative divorce — only necessary to rule out those proceedings where H might reasonably have been expected to have pursued divorce; A putative wife is entitled to the same right in property acquired during her marital relationship as if she were a lawful W; Lord Mansfield rule re H & W not applicable to 3rd party evidence admissibility to prove no access to W for legitimacy purposes.
Nor did she claim to be the putative spouse.
putative spouse (a person who can prove that he / she had good faith belief that they were married to the decedent, but were not married by law)
A second group of claimants, which includes the putative spouse and his or her children, stepchildren, and parents of the decedent, may file a wrongful death claim only if they were dependents of the decedent at the time of his or her death.
One spouse can be a putative spouse, even if the other one knows that the marriage isn't valid.
Colorado and some other states and some programs in the federal government (including the Social Security Administration) also recognize the rights of someone who is a «putative spouse» which is someone who believes in good faith that they are married to their spouse and that their spouse was not married to anyone else at the time that they believed that they were married to their spouse.
Similarly, someone who obtained a marriage license or met the requirements of a common law marriage at a time that their supposed spouse was divorced when in fact a decree of divorce was never obtained, might be a putative spouse.
But, anyone who knew that their supposed spouse was already married at the time that they purportedly got married would not qualify as a putative spouse, because the person could not believe in good faith that they were married under a legal regime mandating monogamy.
For example, someone who married in a state that requires a marriage license to do so, who thought that a marriage license was obtained when it wasn't, might be a putative spouse.
The line can progress to a spouse not legally married to the deceased, children of the putative spouse, and stepchildren.
Tags: Marriage, Putative Spouse, South Carolina Supreme Court Posted in Divorce and Marriage, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific 2 Comments»
For example, a putative spouse might have a claim to assets that would have been marital property if the couple had married successfully.
A putative spouse acquires the same legal rights as a legal spouse, including maintenance, even if the marriage is prohibited by 750 ILCS 5/212, or invalidated by 750 ILCS 5/301; 5/702.
If there is a legal spouse, or another putative spouse, the rights acquired by the putative spouse do not supersede the rights of the legal spouse, or other putative spouse.
A party to a bigamous marriage, or to any prohibited marriage, will be considered a «putative spouse» and will still have the rights of a spouse if she or he meets these three requirements (5/305):