Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property
Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.
A: If she can prove marriage she has live estate in house and 1/2 if community property
"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to live in it. She would inherit a 1/2 interest in the home, with the other half going to the son.
I hope this information helps. Good luck to you.
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