no, i have not, but she has actually changed her name on her drivers liscense to my last name, which she has not done legally as she is reconized with social security or birth certificate. Ther is no documentation of marriage cause i never wanted to get married.
The court cases in Montana have been generally concerned with the final part of the third test, cohabitation and public repute. As stated before, there is no bright line. Cohabitation, living together, is one issue that the Court will look at, but it alone is not the determinative factor. Keeping different last names is not proof positive one way or the other. Maintaining separate financial accounts or having joint accounts may not matter. A common law marriage will not be found where it was kept secret from the community. The parties must present themselves as husband and wife openly. The court looks at all the facts which are presented and at the various competing public policies of the State of Montana.
Two competent individuals could live together their whole adult lives and never form a common law marriage - if they never said to the community at large that they were husband and wife, never acted as if they were a “married couple” rather than a pair, and never said to each other “we are married”.
If you are not common law married then she is not legally entitled to any assets, including the home, that you acquired with your income.
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