My dad lived in New Jersey for 30 yrs and married my mom for 8 then moved to Texas. He then started living with his girlfriend for the past 20 yrs. He never divorced my mom is he still considered common law marriage with his girlfriend they owned a house together and she passed away three yrs ago and my dad passed recently. Neither had wills who gets the house, she had children from previous husband and house was in both names.
There are too many issues here to easily answer. There is no such thing as common law bigomy, so your mother was your father's wife and next of kin when he passed.
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