In the state of Montana people have had many misconceptions about common law marriage. This practice does indeed exist here, however a lot of people including people in my family have the wrong idea when it comes to common law marriage.



There Are Misconceptions

According to Legal Zoom people think it's just being together for a certain number of years, or if you have kids together, others think if you buy pieces of property together it constitutes common law marriage.

Common law marriage is recognized in Montana, but there are certain rules and things people need to identify with in order for it to be legal and binding.

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The Ground Rules

According to The Montana DPHHS, this document shows that there are rules and some of them can be a difficult hurtle.

In the state of Montana, there has to be both consent and agreement. All parties involved in petition have to both agree to the present situation.

Both parties have to me competent enough enter common law marriage.

Here where the whole 'live together' aspect comes into play. Both parties must live together and be out and be recognized by family, co-workers, neighbors and the general public as a married couple and there has to be evidence of such.

For Example:

  • using the same last name
  • reference to using the titles of husband an wife in public to other people
  • listing each other on insurance polices and filing taxes

Owning or buying property is NOT one of the conditions of evidence to be presented in a common law marriage petition.

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Moving out of state.

According to Legal Zoom, most states do not recognize common law marriage, where ever you are moving, check with the state laws and plan accordingly.


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