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Good afternoon. I certainly understand the situation and your concern. Common Law Marriage is recognized in the State of Montana. MCA 40-1-403. It is a marriage
formed without a license and solemnization
. The Montana Supreme Court has set out the elements for creating a valid common law marriage. First, the parties must be competent to enter into a marriage. Second, the parties entered into the marital arrangement by mutual consent and agreement. And finally third, the parties confirmed their marriage by cohabitation
and public repute. In the Matter of the Estate of Ober. 62 P2d 1114, 314 Mont. 20, 2003 MT 7 (2003). If all these elements are present, there there is a basis for a common law marriage to be present, between the parties.
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