Dallas, TX asked in Estate Planning and Probate for Oklahoma

Q: is common law marriage legal in okl? how can i prove common law marriage/meet parameters after death,no will, no kids

my late husband (i guess this term wont hold weight if common law is not recognized in oklahoma) passed 10/10/20. he has no children, no will. his estranged brother is trying to kick me out of house ive shared w over 2yrs. i pay bills. house is worth about 45k. i heard he has been granted head of estate / assets whatever. house is only asset. i took care of my man who had recent heart problems. did not think he would ever die tho, he seemed invincible to me. i miss him. anyway, i've tried 2 b nice 2 brother who has already been in and cleaned out house. sold everything. including my moped. without a word. posted a typed letter stating im to be out at end of month. what are my rights? i have letters from dave proving our relationship, is it worth anything? THANK YOU FOR ALL YOU DO AND FOR GIVING UR TIME IN THIS SAD MATTER!

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1 Lawyer Answer
Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: Yes non-ceremonial marriage is still a valid marriage in oklahoma. You will need an attorney to prove your claim since his brother is clearing out things.

There is case law where a regular ceremonial wife was removed from an estate because the husband had never divorced the non-ceremonial wife. So yes it is still enforceable marriage.

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