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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have been living with a older man we got together in January

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I have been living with a older man we got together in January of 1990, and have introduced each as husband and wife. Last Year on July 15, 2012, we got a certificate of common law. His son is challenging this since was 93 years old and he claims that he did not know that it was considered a marriage. Could they be annual this and can my common law grounds still stand since we have held out as husband and wife, we have a house and property under both our as Juan P. Mendoza and Maria Mendoza, we have a checking account under both our names. I have taken care of this and still do, but the son would like for me to be out of the picture. I would like to know what rights do I have. Unfortunately, I do depend on his income for support
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Hi,

If the facts you are stating are true, then you have a valid common law marriage. You said you have obtained a certificate of common law marriage. Your husband's son has no power to invalidate this.

In regard to the power of attorney. If your husband is still in a lucid state of mind (i.e., he is not legally incapacitated) then he can revoke the power of attorney that he provided to his son. This can be done through a written statement that is sent to the son via certified mail (keeping copies of everything).

I would also advise you to make sure that the common law marriage certificate is filed with the county courthouse and on record.

As far as the potential estate of your husband. The smartest thing to do would be to have him sign a will that distributes the property to you when he dies, and then you can give it to ya'lls children when you pass away. That will take care of any potential challenges from the angry son.

You can get a inexpensive will at legalzoom.com.

Please let me know if you have any more questions.

Best of Luck,
Zachary D. Norris
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 3 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

We did certificate at he district clerk office, so it is file, also, can my husband revolk the certificate of marriage, and if he does can I then claim common law by the years that we have lived together, I also have him in my insurance at work.

Expert:  Zachary replied 2 years ago.
If you have the certificate filed at the district clerk, then you are considered legally married under the law. The only way your husband can end the marriage is to divorce you. You have the same rights as any other wife has in regard to her husband, and in regard to his estate after he passes away. That means you are entitled to keep the half of the community property and a third of his personal property. You are entitled to live in the house for the rest of your life as well.

I hope this answers your questions and gives you some peace of mind.

-Zachary D. Norris
Customer: replied 2 years ago.
Sorry, one more question He claims that the only power of attorney he gave his son was to bury him, but the son claims that he has his power of attorney, and I just got from him a dual power of attorney, does one power of attorney cancel the other. His son gave an ultimate to take to home to his house, and if I refuse to take him would I be charged for kidnapping.
Expert:  Zachary replied 2 years ago.
A power of attorney must be specifically limited in it. I cannot answer the question of how broadly the son's power of attorney is without looking at the actually document, or know the exact wording of the document. However, having a power of attorney to bury your husband doesn't quite make sense. I would expect it is a general power of attorney.

If the son comes to your house and tries to take your husband, and it is against your husband's will, then the son would be potentially in trouble with the police for kidnapping. Because you are married, you have a right to be in the house and you have a right superior to the son's in determining health care decisions for your husband.

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