Quote:
Originally Posted by Drolefille
Oh and MysticCat, hence my inclusion of sources. I wasn't saying that the previous poster wasn't in a common law marriage, just replying that it wasn't automatic. Also, I put "and/or", not wiki. Those provisions are listed in some combination in each state's rules. And while legally it's different, "intent" to marry and portraying/considering yourself married are very similar.
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Gotcha on the "and/or."
And while agree that "'intent' to marry and portraying/considering yourself married are very similar," are similar, the fact is that different states will ask the question differently. Some states will ask "did they intend to form a marriage?" Others will ask "did they hold themselves out as husband and wife?" (Or they will consider an affirmative answer to the second question as adequate proof of intent.) With the first question, intent must be proved by the party claiming a common law marriage, and intent can be a tricky thing to prove' it's usually proved by actions consistent with that intent. With the second question, intent
per se does not have to proved. Rather, the question that must be proved is the much easier standard of representations.
But getting to the core of what I think you were getting at, you're right that simply cohabitating cannot result in a common law marriage anywhere.