Can my sisters common law husband get her house now that she died? Girls?

Question

Whats good for the Gander should be good for the Goose!

Answer 1

Not necessarily; it depends on the laws in the State that they resided in, how the property was titled, how long they lived together (many states to be considered common law requires they lived together at a minimum of 10 years), was there a will and are there any children involved. The only way the "common law husband" can determine his rights is by visiting a probate attorney.

Answer 2

Generally common law marriage takes place anywhere from 6 month to 18 months after two people present themselves as husband and wife, depending on the state. After that, any property aquired would, at least partially, go to the spouse in the case of one dying.

Was the house hers before they were a couple. If it was, then he does not have any rights to the house. The house would, in the event of no will, go to the next of kin at the time when it was purchased. In the case of single people, it is usually their parents or children. If it was aquired after words. than he likely does have rights to at least a portion of the equity in the house.

Answer 3

What’s the state of residency? There are very few states in the U.S. that still recognize common-law marriage. Even in the ones that do, it takes more than just living with someone (no matter how long they lived together) to be considered common-law married.

Answer 4

This is dependant upon local laws. If his name is not on the deed or tittle to the house and there is no will stating that he is to inherit the house, he has little standing legally.

Answer 5

It really depends on the state laws of inheritence. In some states, he would get everything she owned, in some states, her children would get everything. Of course, the presence of a will can override all such concerns.