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I lived together for 22 years but so I could get help we…

John I lived together...

John I lived together for 22 years but so I could get help we said I was single this past Dec when he got sick we decide to go with common law and he died on Dec 31 17 on his DC I am his widow, I also told the welfare office in January when I had to do my letting them now if anything change. So I showed them his DC and told them we were married in December and if he lived we were going to get married. We are disabled from work and I have a learning disabilities with a back injury. Could you help me.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Montana

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that is all.

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Answered in 1 hour by:
3/13/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,680
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Montana law recognizes common law marriage, which is a marriage formed without a license and solemnization. In order to have a valid common law marriage, three elements must be present:

(1) The parties must be competent to enter the marriage. The competency requirements for common law marriage are the same as those in a traditional marriage. The parties cannot be related to a certain degree, cannot already be married, cannot be members of the same sex and must have the mental capacity to enter into a marriage relationship.

(2) The parties must have entered into the marriage by mutual consent and agreement. This means that at the time the marriage relationship was created, both parties agreed and consented to be a part of it. It does not mean, however, that a party can simply decide to no longer be common law married. If you and your partner agreed and consented to common law marriage, you cannot just withdraw from the marriage after created. Instead, the parties to a common law marriage must go through a divorce in the same way a couple that married through a ceremony would.

(3) The parties must confirm the marriage by cohabitation and public repute. In other words, the couple must hold themselves out as a married couple. To determine whether a couple has held themselves out as married, the Montana Supreme Court has considered a number of things including, but not limited to, exchanging rings, taking the partner’s last name, filing joint tax returns, referring to one another as “husband” and “wife,” and filing out documents or forms as husband and wife.

Contrary to popular belief, there is no magic period of time that people living together are automatically assume to be common law married. Montana law requires the existence of all elements. As such, living together for a number of years, but not holding yourselves out as married, will not automatically result in a common law marriage.

Jessica B
Category: Family Law
Satisfied Customers: 1,680
Experience: Attorney at Donald B. Linsky & Associates, PA
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Customer reply replied 4 months ago
going from December 2017 on and planning to get married for real doesn't count. John died December 31, 2017 was planned was shocked, let food stamps know that's all I got from them they paid for Medicare premiums and now don't.
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