Common law marriage rights?

Question

He died leaving his house to his children specified in will. However, he married two years before he died to his common-law wife of 12 years. Now his kids want her out of the house she lived in for 12 years with their dad. Kids are mature and on their own. What rights does she have? So far she is still in the house and even an eviction notice sent to her by his kids's lawyer failed to get her out. She hired her own lawyer and he said as his wife she has rights. That when the smoke clears, the house will be sold and divided between her and the kids.
Ever hear of this anywhere? Does she have rights even though the will states that the house goes to his grown kids?

Answer 1

Laws vary by state (and by country).

Very few states (and fewer modern countries) recognize any legal status of common law marriage. And even those that do, the laws vary significantly with regard to property.

If he legally married her (regardless of how long they were together before that), then the legal marriage status applies.

So, again, laws vary by state. And those laws include things like statutory shares, regardless of what a will says, possible community property issues, homestead exceptions to either of the above, and so on. So, there is no single simple answer, and she should listen to her attorney.

Yes, in the end, the property will likely get sold and split between the spouse and kids. But so much depends on facts you don't include, and on what state/country laws do apply.

Answer 2

In the majority of states, there's no distinction between common-law marriage & a registered marriage but one cannot give a good answer without knowing the State in which this is taking place.

If the children were left with ownership of the house by will, she may still have certain community property rights that could operate to overcome the will, that's going to be a legal question that may have to be decided by a judge.

It would be helpful to know which State is involved or if she and her late husband bought the house together, her employment status..........a lot of information is missing.

Answer 3

I'm not a lawyer; however, if the state has common law marriage and she can prove the 12 years, she would have some community property rights. If she can only prove the 2 years of marriage, her community property rights may be substantially less. It always depends on the state laws.

Answer 4

Some states have dower and courtesy rights. Not many against a will, but people challenge wills particularly if a major event (like a marriage) happens after the will was written. Typically the family settles and carves a deal.

Answer 5

depends on state's law. she should avoid the hassle by agreeing with the kids to leave them the house when she dies or else only lawyers will win. if she is his legal wife, she is entitled to the house, but by the time the lawyers are through they will need to sell the house to pay em

Answer 6

What ever the will says governs...the attorney is just trying to do whatever he can to serve his client...if the will left her out..it usually can do so...in some state though the wife is given a certain amount of money automatically even if left out...so it is possible.