Does Montana Recognize Common Law Marriage?

You’ve probably heard stories about couples who’ve been together forever, never tied the knot with a big wedding, yet still consider themselves “married.” But what does the law say about that?

If you’re in Montana (or thinking of moving here), you might be surprised to learn that yes, common law marriage is recognized, but it’s not as simple as just living together.

What Is Common Law Marriage?

Common law marriage is a type of informal marriage in which a couple lives together and presents themselves as married without ever having a formal ceremony or marriage license. It's not something every state allows, but Montana is one of the few that does.

Montana Does Allow Common Law Marriage, But There Are Rules

You can’t just shack up for a few months and call it a day. In Montana, the courts look at three main things when deciding if a common law marriage exists:

1. Mutual agreement to be married: Both people must agree they're married.
2. Cohabitation: They live together as a couple.
3. Public representation: They tell others they're married (think shared last names, joint accounts, filing taxes together, calling each other husband/wife).

You don’t need to live together for a specific number of years; what matters more is whether the relationship meets these criteria.

Proving It Can Get Tricky

If your relationship ends, especially in the case of a breakup or after someone passes away, you might need to prove that a common law marriage existed. That’s where things can get murky. Courts will want to see evidence like joint bank accounts, property deeds, insurance documents, or even testimonies from friends and family.

Why It Matters: Property, Benefits, and Legal Rights

If you're in a common law marriage in Montana, your relationship is legally recognized just like a traditional marriage. That means if you split up, you might have to go through a divorce. You also have rights to property, spousal support, and even inheritance, assuming the marriage is legally recognized.

No Common Law Divorce - Sorry, It’s Still a Divorce

Here’s the kicker: while you might not need a license to get into a common law marriage, you still need a legal divorce to end one. If the court recognizes your relationship as a marriage, you’ll have to go through the same legal process to dissolve it.

What About Other States?

Let’s say you’re in a recognized common law marriage in Montana and then move to another state that doesn’t allow common law marriage. Good news: most states will still honor it, as long as it was legal in Montana. That’s because of something called the “Full Faith and Credit Clause” in the U.S. Constitution.

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Bottom Line: If You’re Acting Married, the Law Might Agree

Montana’s recognition of common law marriage can be a blessing or a headache, depending on your situation. If you’re in a long-term relationship, it’s worth having a conversation about how you’re presenting yourselves to the world and whether you want to formalize things. In Montana, what you say and do really can make you legally married.