Legal Question in Family Law in Florida

non married companion rights

had companion of 10 years 2 seprate houses we both live at each others houses.joint accounts he worked and was sole suporter. i had some money from accident and paid both our bills too. what rights do I have to anything of his.what do I do with the joint accounts. I have no money.can i use the credit cards to pay for his funeral expenses even though i'm just a signer on the account.he had no will.his lifes intent was to take care of me.we had verbal agreements between us that whats his is mine and like wise.he did have 5 grown kids that he was not close to. but are now comming in.does 10 years mean nothing?death allamony? please help


Asked on 7/16/03, 2:14 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: non married companion rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

Under Florida law, a non married party does not have any right to the other's property absent a written agreement. Unless the decedent wrote a will and left property to you, it will pass under the laws of intestate succession to his family members. Common law marriage is not recognized in Florida.

Using his credit cards can be considered a criminal act. Since you are only an authorized user and have no obligation to repay any charges, using the cards may be considered fraud. Alternatively, civil theft claims may be filed by the financial institution(s) whom issued the cards if used.

Scott R. Jay, Esq. 305-249-8000

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Answered on 7/16/03, 8:45 am


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