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I left my husband last year. Can I claim a share in his estate after his death?

I left my husband last year. Can I claim a share in his estate after his death?

Q: Who comes first, your family or your spouse?

This can vary by individual and situation. Generally, in a marriage, the spouse is considered the primary partner. However, maintaining healthy relationships with both family and spouse is crucial. Open communication can help balance these relationships and ensure that both parties feel respected and valued.

Q: What happens if you have a child with someone else while married?

If you have a child with someone else while still married, it can lead to complex legal issues, especially regarding custody and child support. In Virginia, your spouse may have legal rights to the child, and paternity may need to be established. It's advisable to seek legal counsel to navigate these matters effectively.

Q: Should a husband put his wife before his family?

In a healthy marriage, a husband is often encouraged to prioritize his wife, as the marital bond is foundational to the family unit. However, balancing relationships with extended family is also important. Open communication about expectations and boundaries can help maintain harmony among all parties involved.

Full question:

My husband never wanted to have kids but I wanted a family and have kids. Therefore, I left my husband last year and moved into another house in the same city (Charlottesville, Virginia). I never filed for divorce as I thought he might change his mind some day and we could reunite. We never met or spoke to each other in this time period. Few days back I got to know that he died due to some illness. Can I claim my share in my husband’s estate?

Category: Wills and Estates
Subcategory: Spouses
Date: 04/07/2025
State: Virginia

Answer:

In Virginia, if a spouse willfully deserts or abandons the other spouse and such desertion or abandonment continues until the death of the other souse then the party who deserted may be barred from claiming any interest in the decedent’s estate. The relevant statutory provision in this regard is stated below.
Va. Code Ann. § 64.2-308 reads:
“A. If a spouse willfully deserts or abandons the other spouse and such desertion or abandonment continues until the death of the other spouse, the party who deserted the deceased spouse shall be barred of all interest in the decedent's estate by intestate succession, elective share, exempt property, family allowance, and homestead allowance.
Thus, if you have left your husband and such abandonment or desertion continued until his death, then you may not be able to claim any share in your deceased husband’s estate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who comes first, your spouse or your family?

In a marriage, the priority often depends on individual beliefs and values. However, many people believe that a spouse should come first, as marriage is a partnership that requires mutual support and commitment. It's essential to communicate openly with both your spouse and family to establish boundaries and ensure that everyone feels valued.

Who is first priority in a marriage?

In a marriage, the first priority is typically the spouse. A strong marital relationship is built on trust, support, and communication. Couples should prioritize each other's needs and work together to maintain a healthy partnership. However, each couple may have different dynamics, and it's important to discuss priorities openly.

Who comes first, your family or your spouse?

Can I move away from my husband with my kids?

In Virginia, if you are separated but not divorced, you may have the right to move with your children. However, it's important to consider custody arrangements and any potential legal implications. If your husband seeks custody or visitation rights, moving could complicate those arrangements. Consulting with a family law attorney can provide guidance tailored to your situation.