Legal Question in Family Law in Montana

If someone was legally divorced from their spouse and then continued to live with them for several years in a relationship but never intending to remarry...can they be considered common law?


Asked on 4/03/14, 10:25 am

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

No, common law marriage doesn't "sneak up" on you after a certain time. The parties must intend to be married from a certain time forward and "hold themselves out" as married. "Hold yourselves out as married" means you create a reputation as a married couple. You sign documents as husband and wife (a lease, for instance), you refer to each other as "this is my husband, Harry" or "I'll need to talk to my wife about it."

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Answered on 4/10/14, 12:51 pm


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