Legal Question in Wills and Trusts in New Hampshire

Common Law Surviving Wife Rights

My FATHER ( 86 ) cohabitating in NH. with girlfriend for 3.5 years. His Will and Revocable Living Trust written in Fla. specify 20% of estate to girlfriend.

Due to NH. 3yr. Common Law Marriage, what is girlfriend entitled to, 1/3 ... or a smaller percentage based upon duration of cohabitation ??? I am only surviving son of father, no offspring produced by father/girlfriend.


Asked on 10/26/07, 8:33 am

2 Answers from Attorneys
Bruce L. Dorner Dorner Law Office

Re: Common Law Surviving Wife Rights

This is a fact based question. Is girlfriend challenging the Trust? Are the assets properly titled to the Trust? I would need far more detail before offering a more substantive response. The existence of a "boyfriend - girlfriend" relationship does not in and of itself create a "common law marriage." Far more is necessary.

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Answered on 10/26/07, 9:01 am

Re: Common Law Surviving Wife Rights

There may not be a common law marriage. New Hampshire only recognizes CLM at time of probate, however, CLM has to be established. mere "cohabitation" is not enough to establish CLM.

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Answered on 10/26/07, 12:54 pm


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