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My common law spouse passed away and we had pursed a home…

Customer Question
My common law spouse...

My common law spouse passed away and we had pursed a home together but the deed was only under her name where do I go from here

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the home located?

In Greeley Colorado and in the clear deed

Submitted: 8 months ago.Category: Legal
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Answered in 4 minutes by:
11/10/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss. Since your name is ***** ***** the house, you'll have to go through the probate courts to get it transferred into your name. That means filing a case with the probate court, then proving that the two of you had a valid common law marriage. Common law marriage isn't established when people live together. It's a contract, just like when someone gets a license. To prove to the court that you're married, you'll have to be able to show that:
    You lived together as spouses (which it sounds like you can)That you had a mutual agreement that you would be spouses, andThat you held yourself out to the community as spouses
You'll be able to testify about your relationship, and also bring in witnesses to testify that they believed you and your spouse to be married. Once you are established as married, then you'll be recognized as an heir. There may be other heirs, if your spouse has a living parent or living children other than children you have together. That's important, because those people could try to fight your claim.
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Lawyer: Lucy, Esq., Attorney replied 8 months ago

The Colorado Courts have forms online you can use to open a probate case, with or without a will.

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=143

You don't need a lawyer, but if your spouse DOES have children or parents, it might help to have a local attorney assist you to make sure you get what you're entitled to.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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Lawyer: Lucy, Esq., Attorney replied 8 months ago

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