Common Law Marriage - Montana

Below, the Supreme Court of Montana sets forth the elements to establish a common law marriage in the State of Montana. They are listed below:

However, if you are living together, at a minimum you must have a cohabitation agreement, which you could draft yourself with easy-to-use software like that offered by Standard Legal .

Montana Law

The Montana Supreme Court has affirmed as recently as 2004 that common law marriage in Montana is an equitable doctrine used to ensure people are treated fairly once a relationship ends. Under Montana common law, a common law marriage is established when a couple: 1) is competent to enter into a marriage, 2) mutually consents and agrees to a common law marriage, and 3) cohabits and is reputed in the community to be husband and wife. (Snetsinger v. Mont. Univ. Sys. , 2004 MT 390 (2004) citations omitted).

For the long term, couples living together should consider a Living Will, Living Trust or simple Will. You don’t have to hire an attorney if you’re the average American. There are attorney-supervised services, such as Legal Zoom, who will prepare these more complex documents for you, and you can save up to 85% from regular attorney’s fees.

Common law marriage is still recognized in the following states and Washington D.C.:

(Click on any link to see the common law requirements for that state.)