QUESTION
What rights do I have if my partner for six years dies?
Asked on Nov 29th, 2012 on Personal Injury - New York
More details to this question:
My ex passed away in our apartment and I found him. He was mentally abusive and did get physical towards the end. We were together for six years sharing everything including money. When he passed, his family took what was left of his settlement money he had from a previous accident that I helped him through. I gave up school. I trusted him when he said he needed me and would take care of me, since I took care of him. I want to get what I can for everything he put me through. I didn't leave him or tell anyone because I was embarrassed and scared. I did try to leave a few times, but I believed him when he put my esteem down and said no one was ever going to want me. I’m still struggling to recover. I had to quit my job and move because of stress and I could no longer afford my home. He also damaged both apartments we lived in over the years and my part of the deposit is gone. I have bills I can't pay that he helped make and I am struggling to get back on my feet and don't know what to do. It’s affecting my life now and I’m having trouble moving on. I can’t trust anyone anymore because now I’m afraid that after everything we go through, it can be taken from me. I have nightmares all the time from finding his body and him putting his hands on me. I tried to speak out, but friends and family say I slander his name when they all know how he was. I feel alone and now understand why more abuse victims don’t speak out. Please help.
8 ANSWERS
Daniel P. Mitchell
This question needs to be addressed to a family law attorney.
Answered on Apr 14th, 2013 at 8:22 PM
Ronald A. Steinberg
You have no rights. If you were not married, then you get only what you can prove was your contribution to the assets. That is why living together without being married is STUPID.
Answered on Dec 05th, 2012 at 12:57 AM
This sounds like a difficult situation. I do hope you can begin to move forward. If there were any joint accounts or joint property, you would be entitled to that property. If there was a will, you would be entitled to whatever passes to you as provided in the will. If there was no will, and from what you say this is my assumption, you would not have any rights to any property. An unmarried partner does not have many rights in Virginia. I am wondering when you refer to him as your "ex" whether that means you were married at one point. If you were married and separated, but not officially divorced, then you very well may have rights to property or assets, if any.
Answered on Dec 02nd, 2012 at 6:42 PM
Unfortunately if you two were never legally joined together there is nothing you can do. The courts do not acknowledge you because you never legally became his partner.
Answered on Nov 30th, 2012 at 2:03 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can't sue a corpse but he's gone. Hallelujah. It was a horrible partnership. If you have no debts on your credit card or accounts, you are home free to start a better life. Contact the first women's group you can google or find in the yellow pages. Move forward, get a better job and be thankful Satan came and took that bastard to Hell for a redo. Congratulations on the start of your new life. Get going. Don't reject your family but remember which "friends" need to be dumped hard later when you are stronger. Find a counseling group in your town. There are plenty of them unfortunately. His family is in denial about him and probably their father figure in their nuclear family, an abuser, alcoholic SOB. Hope he's dead too.
Answered on Nov 30th, 2012 at 2:02 PM
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Kelaher Law Offices, P.A.
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Unless he left you something specifically in his will, if he had a will, under intestate laws of Florida, his parents inherit everything if he died without a will. Anything that you both owned, i.e., a car, truck or boat where both of your names were on the title, you get. If you shared an apartment with him, unless his parents can prove he owned the contents of the apartment, you get the contents.
Answered on Nov 30th, 2012 at 2:01 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I assume you are talking about a common law marriage. They are not recognized in North Carolina. You have no rights growing out of such relationship. If you are the part owner of any personal property with him, you are entitled to your part. But you don't acquire any rights by just living with someone.
Answered on Nov 30th, 2012 at 2:01 PM
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Andrew T. Velonis, P.C.
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As stated by Elspeth Cypher, Associate Justice of the Massachusetts Court of Appeals, "Many wrongs which in themselves are flagrant ingratitude, avarice, broken faith, brutal words, and heartless disregard of the feelings of others are beyond any effective legal remedy...Out of the human condition may arise a myriad of emotional responses including anger, sadness, anxiety, and distress, many of which are attributable to the conduct of others. While perhaps blameworthy, such conduct is often not legally compensable."
Answered on Nov 30th, 2012 at 2:01 PM