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jb156200, Attorney
Category: Estate Law
Satisfied Customers: 112
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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My uncle had a common law wife for 30 years. They were never

Customer Question

my uncle had a common law wife for 30 years. They were never married and she is the only name on the deed to the house. As far as I know there is no will. her children have asked him to move out so they can take over the home. Is he entitled to any part of this home or does he have a legal right to stay there? This is in Connecticut.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Connecticut
JA: Has anything been filed or reported?
Customer: not to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 days ago.
Category: Estate Law
Expert:  jb156200 replied 4 days ago.

Good afternoon. My name is ***** ***** I am a licensed Estate Attorney. Did they live in Connecticut for all 30 years? If they lived outside of the state of Connecticut, did they ever have their common law marriage declared in that state?

Customer: replied 4 days ago.
they lived in CT the whole time and no they had their marriage declared
Customer: replied 4 days ago.
they did not have the common law marriage declared
Expert:  jb156200 replied 4 days ago.

Ok. Common law marriage is not recognized in the State of Connecticut; therefore, your uncle does not have any rights as a surviving spouse. There are three ways in which he could have an interest in the home. First, if his name is ***** ***** deed. Unfortunately I believe we have to rule this one out since you have stated only her name is ***** ***** deed. The second way would be through a Will, and since she has no Will, and your uncle is not a surviving spouse, all of her sole assets will go to the children.

Expert:  jb156200 replied 4 days ago.

The third way would be to prove that your uncle either helped pay the purchase price of the home, helped pay the mortgage, or made improvements to the property with his money.

Expert:  jb156200 replied 4 days ago.

He may not be help to stay in the home; however, they may be a way for him to get a piece of the profits if the home is sold.

Customer: replied 4 days ago.
ok thank you
Expert:  jb156200 replied 4 days ago.

Please let me know if you have an additional question or need clarification of the information provided. Please do not forget to rate my answer. I greatly appreciate a positive review. Thank you.

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