How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7351
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
18215332
Type Your Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

My mother and father are both deceased, however before my father

This answer was rated:

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?
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.
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Irwin Law and other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Even if the name on the deed is not legally her real name?
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.