QUESTION

what are my A rights when it comes to household propertyafter a death occurswith a common law spouse in the state of nj if spouse dies out of st

Asked on Aug 10th, 2014 on Family Law - New Jersey
More details to this question:
A and B lived together for 12yrs last 5yrs b has and mental illnes son decides to take b to another state ten days later b dies now son want to come and claim property. what are a rights,how would a find out why b died. does a have to let son in his home.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
There is no recognition of a common law spouse in New Jersey.  If the person died without a will, and the house belonged to him, then his son will inherit the house and it is possible you will have no rights to it unless your can prove that you contributed to the purchase price or something else.  If there was a will, and you were given the house, then the son cannot make a claim against the house, but without a will and without being married it is possible that you will have no rights. You should consult and attorney in the county in which you currently live.
Answered on Aug 12th, 2014 at 12:23 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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