Rodriguez v. Medina

TURSI, Judge.

Respondent, Alfred A. Medina, appeals from two orders of the district court sitting in probate. The first order entered July 16, 1986, determined that Medina was not the decedent’s common law spouse. The second order, an oral ruling made from the bench on December 1, 1986, directed Medina to reimburse the estate for $1,294.46 he withdrew from decedent’s bank accounts after her death. We affirm.

Medina first contends that the trial court erred in determining that he was not the decedent’s common law spouse. We disagree.

A common law marriage is established by the mutual consent or…