What Can We Learn from Shelley Duvall? Common Law Marriage and Probate Lessons

The Shining’s Shelley Duvall passed away this month, leaving behind her partner of over 30 years and a six-figure estate. Duvall apparently died intestate (no last will… Heeeeeeeeere’s Probate!) and was a resident of Texas, which recognizes common law marriage. Her partner petitioned the probate court to act as her personal representative and claim his share of her estate as a common law spouse over her three brothers. The judge hasn’t ruled on the petition, and her brothers haven’t responded to Dan’s petition.

So, what can we learn?

We can talk all about common law marriages in Florida. Common law marriage is when two people that live together, for a period of time, consider themselves married, despite the fact that they don’t have a marriage license. Now, Florida does not recognize common law marriages.

In Florida, one must have a marriage license from somewhere to be considered married. HOWEVER, there’s a critical exception to the rule above: the “Full Faith and Credit Clause” of the United States Constitution. Florida MUST acknowledge the laws and judicial decisions of other states. So, if a couple has a valid common law marriage from another state that recognizes such unions (like Texas, Colorado, or Iowa), Florida would recognize that marriage.

Additionally, if a couple got married under Florida’s common law marriage laws before January 1, 1968, the Court will most likely recognize the marriage.

So there you have it. We learn that common law marriage is not a thing in Florida unless it’s a thing somewhere else first, or it was a thing a very long time ago. We also learn that all work and no play makes Odelia a very dull girl. Have a great weekend, y’all!