calif.law doesn't recognize common law marriages. my husband died the cars are in his name pink slips lost

Question

my common law husband of 15 years passed away jan. 31 2007. the cars were in his name only. i didn't care. i trusted him. now i am at a loss as to what to do. we realized the pink slips were missing a few weeks before he went into the hospital. as well , we found out that calif. doesn't recognize common law marriages. i'm terrified that his mother will try to get the cars and take them from me to give to her 2 worthless kids....adults of 56-58 years old. when my husband was in the hospital i didn't think about anything like this. i thought he was coming home. but after 48 days he just couldn't hang on any longer. he had been very ill with lung problems for several years. now i don't know what to do. the cars are old. an 87 toyota tercel wagon and a 94 dodge shadow. i'm on ssi and live 20 miles from town. and twice a month i have to go to my doctor 140 miles round trip. i tried to get some answers from ca.dmv.gov. but i couldn't get anywhere. the dodge needs tags this month. HELP !!!

Answer 1

Well there seems to be some minor solutions and no real clean ones for you.

Your partner died without a will I assume. Under California law his heirs would be

first his wife: but unfortunately you do not qualify for that
next his children (sounds like there were no kids - right?)
then his parents.. (there's the rub)

so if his dad had already passed then his mom gets it all
if she wants it. BUT she also gets the debts to pay from the assets (if the bill is in his name it needs to be paid by the estate unless you do it. (Can't take one without the other). So I wouldn't rush into paying any of his bills just yet or you will lose that leverage



BUT the cars are not that great.. in fact the 87 is pretty old and prob. not worth all the trouble.

I would suggest that, likes or dislikes, you and she sit down and talk about what your partner left and what you can have and what YOU will pay.

You can get a lawyer but in all likely hood you would loose (remember the Lee Marvin thing about 20 years ago?)

in the meantime, you can still renew the registration even if your partner has passed. BUT.. you need to check to make sure that your insurance is valid.

Good luck to you...

Answer 2

I'm sorry about your loss. But CA does not recognize common law marriage. If he didn't have a will in place giving you anything, you are pretty much at the mercy of state law, which will give any assets of the estate to the lawful next of kin.

If you lived in a state that does recognize common law, and move to CA from there, then CA would recognize your marriage. But if you've always lived in CA you are probably out of luck. I'd call and talk to legal aid though.

If it turns out his mother will get everything, perhaps you can talk to her about keeping at least one of the cars.

I do wish you well.

Answer 3

I got a mother in law in same situation as you.

She went into the relationship with cash and land.
Family doesn't know what she signed over to the guy.

She will probably be up creek without a paddle also.

Answer 4

Sounds like you may need to consult an attorney. If he had a will, his estate will go to whoever he named in the will. If not, it will go to his next of kin.

Try legal aid and see if you can get some inexpensive help.