The is issue is one of fact do they share a residence, joint bank accounts, etc? It's entirely possible that they've kept everything separate on the money end to preserve the pension. I had a co-worker that who always joked about the fact that he never was married but was divorced. His live in of 12 years divorced him after her last of 3 daughters finished high school.
Skeeter1996, post: 441286, member: 9224 wrote: I'm in Montana. I have a client Ralph he's 80 years old. He's lived with Romona for 28 years. They never bothered to get married. Ralph wants to sell his property of 17 acres in two pieces, one 13 acres with an existing house, and a 4 acre hay meadow. His property is zoned agricultural so he can't use a Minor Subdivision to divide it. He can't use an Agricultural Exemption because it's less than 20 acres. The County says since they never married he can't use the Family Transfer exemption and deed it to Romona. They have no kids. Romona can't marry Ralph legally and retain a pension from a former marriage. Is this division of land dead? Any ideas?
Are there any testamentary exceptions in Montana Law? Washington allows for a division of land (outside of the zoning ordinances) if specifically broken out in a will. You still have to figure out planning and zoning later if you wish to build, but not everyone wants to build, and by the time someone does, the zoning may have fixed itself... It won't solve his problem now, but maybe when he passes. I've seen it used infrequently here in WA in special cases. Anything similar there?