Legal Question in Wills and Trusts in Arizona

rights of residency

My fiance died and we have been living together for 6 years, can his family evict me from my place of residence and if so how long would it take?


Asked on 1/16/08, 3:06 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: rights of residency

I presume he left no will or trust with any benefits for you in his estate.

Arizona does not recognize common law marriage. Therefore, when you live with a man for 5 years or 50 years and are not married, you have no rights as a spouse, no right to claim homestead allowance, exempt property allowance, family allowance, etc. They can serve you with a notice to get out, and if you do not, can bring a forcible detainer (court case) to have you evicted and to pay the court costs and attorney fees for the case. My advice: try to negotiate something reasonable, get another place to live immediately, and look for a partner who is committed enough to you to marry you and protect you in the event of death with an inheritance or life insurance. I wish you the best of success sincerely,

Best regards,

James D. Jenkins

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Answered on 1/18/08, 12:55 am


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