Legal Question in Wills and Trusts in Indiana

Re: Common Law Marriage or Partnership

You need to confer with a local family law or real estate attorney. If your name was not included on the deed to the house, then you will have to prove some equitable claim. It's not possible to say more through an internet consultation - too many variables. In general, unmarried couples in Indiana do not have 50/50 splits unless they have a written agreement and other documentation - deeds, etc. You must move swiftly, because there is a short time after the probate estate is opened for you to make a claim.

Re: Common Law Marriage or Partnership

If your partner had no will, then his estate will be divided between his children and his spouse (if he had one - you do not qualify). If the children are still under age 18 or any of your children together are, then you have a right to request to be appointed administrator of the estate if someone else has not done so.

If your name is on the deed to the house and it was owned by the two of you as joint tenants with right of survivorship, then you would automatically be entitled to the house by having lived the longest. If your name was on the house as his spouse, then the law would treat you as each owning a 1/2 undivided interest as tenants in common and his heirs or devisees (depending upon whether there is a will) inherits the other half.

Please consult a probate attorney in the county you reside in for more assistance.