Can my brothers common-law wife obtain full possession of the house now that he has passed away?
Sunday, March 21st, 2010 at
10:33 am
In U.K. law, if my brothers common-law-wife signed the house deeds and mortgage documents as Mrs. and then his surname, now that my brother has passed away, what are her rights where possession of the house is concerned?
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Tagged with: Full House • Mortgage Documents • Possession
Filed under: House Law
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Its hers………..after you have lived with someone for over 6 months you are entitled to half of everything so if he has passed away (sorry for your loss) she should get everything, because basically she is his wife
it’s very possible she could fight in the courts and win….if they really were common law she’ll have alot of say in what happens
The house is quite similar incidentally the house is owned freehold cant comment on english law wife is archaic and no longer used in legal circles believe.
The term common law but imagine it is owned freehold cant comment on english law but imagine it is quite similar incidentally the house is.
Did he have a will? Hope so.
Can’t speak for the UK, but in Canada if a man and a woman live in a common law relationship for more than a year, she very well could get the family home , especially if they had children or a child together. She may also be able to obtain part of his pensions.
It is her house and it rightfully should be. Why should another family member be allowed to walk in take what they want and kick her out when she has spent time living there taking care of her common-law husband and the house? Why do people get selfish when a family member dies? I understand you lost a brother but this woman also lost the man she loves show her some sympathy!
In Texas(USA), if you live with someone as a spouse…the day you acknowledge that you are living as husband and wife…that makes your living together just as legal as if you went before a preacher and said I Do. Find out what the laws are there. But here…she would be the legal spouse and is entitled to everything he owned(that also includes paying any debts).
first of all, where do you live, cuz some state do not look as common law, as beening married, so if you state does not see them as beening married, then she has no right to the house
Her name on the deed pretty much seal the deal, unless it was purchased as tennants in comman
The answer that says you’re entitled to half of everything after 6 months cohabitation is wrong.
However, it does sound as if your brother’s partner did actually jointly own the house with him. If this is the case, then the house is probably now hers (unless he made a will specifically passing his half to someone else).
I think you need to see a lawyer. You also need to find out if your brother made a will.
The term ‘common law wife’ has no meaning in law and such an individual has no automatic rights over another persons property. However, if they signed the deeds to the property and mortgage agreement then they can claim the property as sole survivor – the name they used is of little importance as any person can use any name they wish.
The common-law wife of your brother has no right under the law because technically, she was just a companion but no legal affinity whatsoever with your brother.
Firstly, there are no such thing as common law rights. This is a big misconception in the UK. If you are not married you cannot claim the same rights as a married person. However she is on the title deeds which gives her a legal interest in the property so long as she can prove she is the person named. They may have had a joint mortgage which she contributed to. Even so this may only give her rights to her own share depending upon whether they were joint tenants or tenants in common. There may also be a Will leaving his interest in the property to her. Without a will the laws of intestacy are followed and as she is not a blood relative she could not inherit his share. There is a strict order of inheritence as follows: spouse, offspring (blood or adopted only) parents, grandchildren, siblings. If there is no will then as the brother of the deceased you could apply for probate and to be the administrator of his estate via the probate registry. You will be given guidance on what to do but should seek legal advice if the estate is wealthy or complicated. If your brother had children and they are to inherit it may be that they are minors and therefore a trustee would need to be appointed to protect their inheritance.