Is Common-Law Marital Relationship Legal in Mississippi?

Thomas Ellis remains in a south Mississippi jail serving a 45-year jail sentence but submitted a suit to attempt to stop the female who bears his daddy’s surname from declaring his late daddy’s Social Security advantages.

Ellis states Maria Jackson, also referred to as Maria Ellis, has no right to his daddy’s advantages since she was never ever lawfully wed to him.

Maria Ellis was noted in Cleveland “Doc” Ellis’ obituary program in 2015 as his better half of 60 years.

And a member of the family stated the couple was lawfully wed in the 90s. The relative stated Thomas Ellis was most likely in prison and not mindful the couple got wed.

Upgraded: A federal judge dismissed Ellis’ suit on Thursday. U.S. District Judge Tom Lee dismissed Ellis’ claim without bias, indicating it can be refiled. Typically, when a case is dismissed without bias, it means there was some treatment error by the person who submitted it.

Ellis submitted the handwritten suit himself.

Ellis stated in his claim his dad’s very first and just other half was Carrie Ellis, who passed away in 1985. His daddy separated in 1954 from his legal better half, but they never ever separated.

Cleveland “Doc” Ellis and Maria Jackson Ellis cohabited from 1955 to his death in 2015 at the age of 88.

A crucial question is whether the older Ellis and Jackson’s relation fell under the eliminated common-law marital relationship law in Mississippi or were they lawfully wed.

Kept in mind Jackson family law lawyer Kathleen Conway stated Mississippi’s typical- law marital relationship statute was eliminated in 1956 and hasn’t been acknowledged in Mississippi in a long period of time.

Conway stated her law practice still sometimes gets calls about the common-law marital relationship. She stated it had a case in Rankin County including a male in the State Hospital at Whitfield for an extended period and a lady who had coped with him who was declaring his advantages. The kicker was she was dealing with another male while declaring the patient’s retirement advantages. Here is some useful information available about marketing for law firms.

” We needed to stop it,” Conway stated.

Today, a single person dealing with another isn’t really entitled to the other person’s advantages, property or anything else.

The common-law marital relationship is frequently described as 2 people cohabiting without ever going through the main procedure of getting a marital relationship license and being led by a minister or somebody with the authority to carry out a marital relationship.

The practice of common-law marital relationship is thought to have begun in colonial times when it was challenging to find somebody to lawfully officiate a marital relationship.

Retired Chancery Judge Roger Clapp stated he believes if a typical law marital relationship were developed before the common-law marital relationship was eliminated as a legal marital relationship agreement, it would be acknowledged as legal at any point afterward.

Clapp stated the question is whether a common-law marital relationship was developed in the case before it ended up being no longer legal.

In a 2014 viewpoint, the Mississippi Court of Appeals supported a chancery judge’s judgment in a case including a same-sex couple.

The Mississippi Supreme Court has chosen not to prevent the Mississippi Legislature’s abolishment of common-law marital relationship by extending suggested elite legal services solutions to single cohabitants.

In result, the court stated a partner living with another in a single relationship isn’t really entitled to an interest in the other’s advantages or property.