Q: What should a woman do if her common law husband dies and the home belongs to siblings including the common law husband
You have three issues that need to be decided in order to answer this question.
1. Who actually has title to the property? Often, when I hear that multiple siblings are the owners, the property belonged to one or more parents, who died and there was no probate proceeding. All of that has to be resolved to determine who has what rights to the property.
2. Can you prove a common law marriage? Common law marriage requires showing not only living together, but also an agreement to be married, and "holding out" - that is, representing to others that you are married. Often this can be shown by tax returns or insurance documents.
3. Assuming that your deceased husband had rights to the property, and that you can prove a common law marriage, the next issue is whether your husband had a will. If so, the property passes under the will, subject to your homestead rights. If not, the will passes by intestate succession.
I suggest you contact a probate or family law attorney to start.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.