Does my common law widowed stepfather have an claim to a house that I purchased from my mother before she passed?
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Does my common law widowed stepfather have an claim to a house that I purchased from my mother before she passed?
Asked on December 28, 2011 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the problems that have ensued. I would strongly suggest that you seek legal help in your area on this matter. You yourself have acknowledged that your mother and her husband were married under the law. Once you establish that you are married - legally or by common law - you have rights as a spouse under various sections of the law. What needs to be determined is the status of the property in relation to the marriage. Was there a pre-nup or other agreement stating that it was separate property? Could it be estabished that it was hers alone to sell? Could he make any claims on the property? Was the transfer a "dissipation" of a marital asset? Too many facts are in issue here. Good luck.
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