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I wanted to know if my mother's boyfriend...

Resolved • Response time 1 minute

25 May 2022

I wanted to know if my mother's boyfriend can claim common law when she passed away. When our mother was still married to our dad until he passed away about 10 years ago.
JA: Because civil law varies by state, can you tell me where this is?
Customer: Oklahoma
JA: What documents or supporting evidence do you have?
Customer: We can't get to her documents he took the desk top computer she kept all that in a file
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He is only claiming common law with her personal property and has not tried to help us with her cremation also he keeps nagging at my siblings and I about a cable bill in his name that needs to be paid
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25 May 2022

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Lawyer's response
25 May 2022
LegalKnowledge
LegalKnowledge

Good morning

This is Alex, Esq., and Welcome to Just Answer.

I have been a legal expert on the site for over a decade and my goal is to provide you with the best experience possible and answer any questions you may have about your current situation. Your satisfaction is my top priority! Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship and it is always in your best interest to retain legal counsel, if you have a current legal matter, that you need help with.

First, thank you for coming to the site and trusting that we can provide you with the proper information to help you have a better understanding of the situation. Second, I want you to know that I understand how frustrating and/or concerning your situation might be, so I am here to help and hope we can work through this so you know what direction you may want to proceed in and to alleviate the stress.

How are you?

25 May 2022
Lawyer's response
25 May 2022
LegalKnowledge
LegalKnowledge

I am sorry about your loss.

25 May 2022
Customer reply
25 May 2022
I was wanting yo know more about common law in Oklahoma and if someone can claim common law to my mother when my mother never divorced our father and aftervhis death claimed to be his widow
25 May 2022
Lawyer's response
25 May 2022
LegalKnowledge
LegalKnowledge

The burden, would be on him, to show and support that there was a common law marriage. It takes more than just his claim and allegations.

Common law marriage requires the parties to agree they are married, and they must consent to this agreement at the same time. It also requires the parties be in a permanent exclusive relationship and that they cohabitate and hold themselves out publicly as husband and wife.

Unless this can be shown and proven in a court of law, he is merely a boyfriend and would have no legal right or interest in anything of hers, unless she had a will and left it to him.

25 May 2022
Customer reply
25 May 2022
No she did not have a will we were going to that this summer but she passed away in her sleep two weeks ago
25 May 2022
Lawyer's response
25 May 2022
LegalKnowledge
LegalKnowledge

I know it is hard. He has no right to anything, unless he can show what I shared above.

25 May 2022
Customer reply
25 May 2022
Ok thak you I am going to try and find a lawyer i. Oklahoma that I can afford
25 May 2022
Lawyer's response
25 May 2022
LegalKnowledge
LegalKnowledge

Of course and I do understand. Lawyers.com could be a great place to start.

25 May 2022
Customer reply
25 May 2022
Thank you for your help
25 May 2022
Lawyer's response
25 May 2022
LegalKnowledge
LegalKnowledge

My pleasure. I'm happy to hear I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favorite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction.

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LegalKnowledge
LegalKnowledge
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25 May 2022
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