Legal Question in Wills and Trusts in Arizona
A man and a woman been together for over 20 yrs. Never married because man is still married to his first wife. Not legally seperated just not together. Man and his mistress live in a house which the man owns the house and the property; at some point in life the mistress decides to take on the man last name and claim she is married to the man. A house was built and financed. On the paperwork, the mistress states she is married to this man and has her name put on the deed as her first and middle name and his last name. Before the house is complete the man dies. The name on the deed is the woman claiming to be married to the deceased. The deceased has children who don't want to take the home from the woman but would like to be put on the deed just in case anything happen to her the property can't be sold and his children can keep the property in the family. The woman claim she can't put their name on the deed unless the property is re-financed. What legal rights to the children have? Is it true she would have to refinance? Can she do time for committing fraud? Does the wife has rights to the deceased property. By the way did I mention that the state doesn't recognize common law marriage.
1 Answer from Attorneys
You have not stated how the title to the property in question was held on the date of the man's death. It is too vague to say "on the paper work, she states that she is married...." If the couple mistated the facts on their application for a mortgage loan, that may affect the loan status and the borrowers may be in default, but the ownership interest is another question. You did not state if the two of them were buying a new home some place other than the house where they were living together. If that is the case, there is only a contract to purchase the home after the construction is completed, and the couple had no title to the property. There are too many missing facts to answer your questions.
The children have the rights of heirs to their father's estate (and the actual spouse would also have heirship rights, unless the decedent had a valid will which provides for something different).
You should get the advice of legal counsel at once, to determine what is actually what, which can only be done after the facts are established and the actual paperwork is reviewed.
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