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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4958
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My mother and father are both deceased, however before my father

Customer Question

My mother and father are both deceased, however before my father passed he was dating a woman who "said" she married him. She has been carrying our last name, putting it on documents, etc. but I can't seem to find any information on their marriage. I want to know if they are in fact married or if she is just using our name. If she is just using our name, she is also living in my fathers house and had "her" name (my fathers last name) put on the deed. How can I find out if she legally married him and if not, what can I do to get her out of the house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
Thanks for submitting this interesting question. In order to find out if there was a legal marriage, you would have to search the county records in the place where they were living and anywhere else such marriage might have taken place. However, the marriage, or lack of one is a different problem than her name now appearing "on the deed". The name on the deed might have carried a legal transfer of title to her, whether they were in fact married or not. There is really no way to force her to disclose the details of either the "marriage" and/or how the deed came to have her name on it without instituting some kind of a lawsuit over title to the home and the right to possession. This is a very complex kind of case and will require a real estate attorney to have any chance of success.
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Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4958
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Even if the name on the deed is not legally her real name?
Expert:  Irwin Law replied 1 year ago.
A name on a deed can be other than a person's "real" name. The only result is that they might have to prove who that name really belongs to. It's complicated, but a wrong name on a deed would not pass title to someone else, if that is what you are asking.

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