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Category: Family Law
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Experience:  Civil litigation attorney for individuals and businesses.
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Can i prove a common law marriage if the other party is

Customer Question

Can i prove a common law marriage if the other party is deceased
Submitted: 4 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 4 months ago.

It is possible to prove a common law marriage in probate court (where a deceased individual's assets are distributed), the elements that you must show to demonstrate that a common law marriage existed would be the same ones that you would have had to have shown at the time the individual was alive.


This publication here summarizes those (it is designed more for parties that are facing dissolution, but it is a good summary and should be helpful if you are looking at a probate proceeding as it applies to the elements of common law marriage):

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