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bsktballdave

clain to his house or belongings

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What is the applicable state?

What do you mean by "... they were only common law?" There are only about 10 states that still recognize the formation of common law marriages. And there are certain requirements that must be met in order to have a common law marriage recognized. Simply living together does not mean that a common law marriage has been formed.

What do you mean by "death beneficiary?" Did the father have a will? If he did not, is your husband the father's only child?

How was the father's house owned? Was it owned by the father solely? Was it co-owned by the father and someone else? (You or you husband may have to get a copy of the deed from wherever real property records are kept in the applicable county.)

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My husband is the co-owner of the house. my husbands father did not have a will and she states that they were common law becasue they have been together for over ten years but not ever married and kansas stop recognizing common law a few years back. Nothing his dad had was ever put in her name it was always his dads and his name as co-owner

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Maybe I missed it, but everything I look at indicates that Kansas still recognizes the formation of common law marriages. But there are still some requirements to be met. Living together, by itself, is not conclusive.

How does the deed read? Does it explicitly state that the property is owned jointly with right of survivorship? My quick scan indicates that Kansas requires that the deed explicitly state the right of survivorship. Otherwise, it is a tenancy in common.

There could be a whole cascade of issues here, starting with the common law marriage question. I would suggest that your husband consult with a local real estate and/or probate attorney. Certainly, nothing will be resolved by back-and-forth between your husband and the girlfriend. Solely in my opinion, a starting point might be what could be called a "frontal assault" - moving for eviction under Kansas landlord/tenant laws. If that does not work, this could be a long and involved legal battle.

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My husbands father passed away and his gilrfriend is living in the house does she have any clain to his house or belongings if my husband is the death benificarie and they were only common law

First of all, married is married, regardless of whether the marriage was formed by a ceremony or at common law. Second, you say that your husband is "the death beneficiar[y]," but you didn't say what he is the beneficiary of. Third, since you said your father-in-law did not have a will, the answer to the question is necessarily yes (or, perhaps, maybe would be a better answer since the validity of the alleged common law marriage seems to be at least somewhat questionable).

My husband is the co-owner of the house.

Then it matters how they held joint title: as tenants in common or as joint tenants with the right of survivorship.

she states that they were common law becasue they have been together for over ten years but not ever married and kansas stop recognizing common law a few years back.

Your assertion that "[K]ansas stoped recognizing common law [marriages] a few years back" is quite incorrect. Kansas remains one of the minority of state that still allows for the formation of common law marriages. That said, a common law marriage is not formed simply because a couple has "been together" for any particular length of time. A common law marriage requires a mutual intent to be married and that the couple holds themselves out to the rest of the world as husband and wife. That is typically evidenced by things like joint accounts, joint tax returns, etc.

Needless to say, your husband ought to consult with a local attorney for advice.

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