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  1. #1
    Join Date
    Jun 2008

    Unhappy Common Law Rights After Spouse Dies in Oklahoma

    What is the name of your state: Oklahoma

    What is the name of your state? Oklahoma

    I was with my "fiancee'" for 2 years and lived together as husband and wife (common law) since November 2007. John died suddenly on May 21, 2008. He owned a business and had vehicles in his name. We wore wedding rings and had wedding plans for the week May 26th, so we would have the license and he could adopt my daughters (who called him daddy). We presented ourselves as Mr. and Mrs. Henderson, husband and wife, etc. I signed his last name and we had an apartment together in both of our names, as well as a rental house. We had separate checking accounts and did not file our taxes together because he owns a business I am not part of.

    I arranged the funeral (cremation) and paid for the services and the obituary with no help from anyone. His brothers came down and literally cleaned out his house and took his car, which was not paid off. The car was mine, but again, in John's name.

    He has an ex-wife, Cheryl who did not own any of the business, but paid taxes yearly of 40% and enjoyed thousands of dollars of bonuses for 10 years. Please understand I want none of the business. I am inquiring mostly for the social security benefits. John wanted me to be taken care of and I have emails and notes with his intentions. His ex-wife has been making this very difficult for me. I have had to move out of the rent house to stay full time in the apartment we rented. Everything was in my husband's name, and she suceeded in disabling my utilities, including phone. I have since gotten the utilities situated.

    By the way, John had no will.

    What, if any rights do I have and please be frank in telling me whether I have a case or not? Everyone keeps telling me I should fight for my common law marriage to honor John. I'm tired, sad and broke. I want all of this to go away and I want my Johnny back, but since that's not going to happen, could I please get some advice on what, if anything, to do next?

    Last edited by m martin; 06-15-2008 at 07:14 PM.
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