Littleton, CO asked in Divorce, Family Law, Real Estate Law and Probate for Colorado

Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take the estate, can he do this? Is the house considered, marital property to wife and common law husband, or separate property owned only by the wife and would pass down to the children?

2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Probate Lawyer
  • BOULDER, CO
  • Licensed in Colorado

A: Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in court. You should get a lawyer to help you with this.

Donald C Eby agrees with this answer

1 user found this answer helpful

Donald C Eby
Donald C Eby
Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: This is a very valuable asset to you and your siblings. The facts are confusing, I recommend that you schedule a consultation with an attorney to discuss the facts and possible rights that you and your siblings may have against common law husband's claim.

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