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legalgems, Lawyer
Category: Legal
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I have a man living with me that needs legal advice on a 15

Customer Question

I have a man living with me that needs legal advice on a 15 year common law marriage. His wife bought the home they were living in. Last year she died of a stroke after being diagnosed with lung cancer. She has 3 sons. two declined representive rights to her estate and such. Court left it all to the one son with a criminal background dating back to 1989. This man had to vacate his home. leave even his property still in the house. He has been living in his truck until I asked him to stay at my home which is a few houses down the street. His wife's name Judith A. Newburn. address is 110 N. Bristow Ave., Moore, OK 73160. Case no. PB-2015-286. Her son name: Tim Newburn Birthday May 20,1960. Common law husband: ***** ***** Nichols birthday 6/19/1961. Mostly, he wants his stuff out of the house. The son has locked the doors & moved. What can he do? There is more to this story.
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

I am very sorry to hear this; the poor gentleman.

Here is the elements required for a common law marriage:

1) an actual and mutual agreement between the parties to be husband and wife; 2) a permanent relationship; 3) an exclusive relationship; 4) cohabitation as man and wife; and 5) the parties to the marriage must hold themselves out publicly as husband and wife.

If the wife died intestate, the common law spouse would be an heir; please see:

As such, the individual would need to hire an attorney to open probate so that the property can be properly disbursed; furthermore, if the home contains property of the gentleman, he can petition the court for an order requesting return of the property, or sue for the replacement value of the property (cause of action: conversion of personal property)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

You may be able to find some legal pro bono assistance through these organizations: (please see specifically item IV)

Expert:  legalgems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!