Does Montana Recognize Common Law Marriage?

A common law marriage is a marriage created without a license or ceremony, by a couple who agree to be married, live together and present themselves as married. Only a minority of states still allow them.

At a glance

How a common law marriage is usually proven

• Evidence that both partners agreed to be married
• Living together as spouses
• Holding yourselves out as married: same last name, joint tax returns, insurance or bank accounts listing a spouse, and how friends and family know you

Disputes often arise after a breakup or a death, when one partner claims a marriage existed and the other side, or the other heirs, deny it. Clear documents help either way.

Couples who move between states

A common law marriage validly formed in a state that allows it is generally treated as a real marriage elsewhere, which means a divorce is needed to end it. If you lived in a state that recognizes common law marriage, get advice on whether a marriage may have been formed there.

More: how to file for divorce, legal separation vs. divorce and Montana divorce residency requirements. Inheritance questions are covered in what happens if you die without a will. A family lawyer can assess your situation.

Sources

1. RecordingLaw: Common law marriage by state