Question asked on Jun 01st, 2017

Q: My husband’s divorce was not final when we married in 2010. He finalized it in 2012. Neither of us knew about this. Is the best course of action to file an annulment? Is he entitled to any of the equity in our home since we were not legally married?

A: As a technical matter, your marriage in 2010 was void if either of you was still legally married to someone else.  And the later divorce did not “validate” your marriage.

The question really is what you want to accomplish.  Stay together?  Separate?  Yes, folks intending to separate who have been living in a “putative marriage” often seek a formal decree of annulment to resolve all potential property claims, even though technically it is not required (as to status, anyway) since the marriage was “void ab initio.”  But you do need to unwind your potential claims to property; a great deal of information and explanation is set out at our Annulments page, which you can reach here.  If you need further guidance, you should consult with a knowledgeable family law specialist.

Marshal S. Willick
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