Common-law relationship???

[Gailmari]

My ex-husband now resides in our former home (he bought me out). He also has had his girlfriend living with him there for the past 6 years. We have joint custody of our children.
If anything should happen to my ex-husband, will his girlfriend be able to stay living in the house?
I believe he has a will that states the house will belong to the children if he should die.
Should I be concerned with any "common-law" issues regarding how long the girlfriend has lived there?
We reside in Massachusetts.

 

[I AM ALWAYS LIABLE]

My ex-husband now resides in our former home (he bought me out). He also has had his girlfriend living with him there for the past 6 years. We have joint custody of our children.
If anything should happen to my ex-husband, will his girlfriend be able to stay living in the house?
I believe he has a will that states the house will belong to the children if he should die.
Should I be concerned with any "common-law" issues regarding how long the girlfriend has lived there?
We reside in Massachusetts.

My response:

Unless there is a Will that specifically names the girlfriend, she gets nothing from his Estate upon his death. The only way that fact will change is if he marries her.

Until that time, and should he die today, his children will take everything from his Estate. Unless she's named in the Will for specific bequests, the only things she takes from the house are those things that are specifically hers, or bought together with your ex-husband; e.g., if they bought a car and it's titled in both of their names.

Massachusettes is not a Common Law marriage State. They could live together without marriage for the next 40 years, or more, and still never be married under the MA laws. In the eyes of the law, they are just "shacking up", and they have no protections of the law like married couples have.

Good luck.

IAAL