Legal Question in Wills and Trusts in Ohio
My father and his girlfriend got together in 1987, but they never married. My father told me that I would get his house when he died, but there is no will or other legal document stating anything to that effect. Are they common law married? And if so, will the house automatically be in probate upon his death? Could I potentially have to fight the common law wife in court?
1 Answer from Attorneys
In general Ohio law does not recognize common law marriages.
If the house is only in his name it will go through probate and pass by intestate sucession to your father's next of kin. You should make sure that the house is not joint with right of survivorship with the girl friend.
The best thing for your father to do would be to have a will that clearly expresses his intentions. The second best alternative would be for him to have a transfer on death deed transferring the house to you at his death.
You may have some issues getting the girl friend out of the house.
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