CASE X

MARTIN (2004)

STODOLA

COHABITATE INTENT TO MARRY SOCIAL SETTING OFFICIAL DOCS (CIRCUMSTATNTIAL) YES traveled from MARRIED Married on Female filled shelter to shelter Female stated Facebook out job together for 2 years she was married status application as to Male Daisy Female wore Moskowitz Faux ring in public engagement Female had ring been called Mrs. Mick by another YES on/off for 10 SINGLE MARRIED MARRIED years Were married Introduced as Males Auto ins then divorced Mr. & Mrs. status as married M refused Fs Presented to SINGLE request to community as remarry married Separate tax returns M appealed Mr. & Mrs. On designated as finding of mail & in single Common Law Various news Separate bank marriage articles, accts Fluctuating On hospital Big purchases status of mere consent form convenience held M declared (houses, cars) inconsistent w himself as made concept of husband separately marriage (2001) designated as SINGLE single Other times 1993 Female portrayed filed petition for themselves as maintenance of single or an unmarried divorced to person others a Some manner employment inconsistent records as with marriage single others as single or divorced Separate credit cards Females retirement account single YES 20 years MARRIED MARRIED MARRIED

RE

??

SI

CO

(1994)

Mostly represented as married

Social events as Mr. & Mrs. Motel registrations

Signed statement of marriage for Tax audit Health insurance; notarized affidavit of Common Law Marriage Female beneficiary of Males retirement plan as Common Law Wife SINGLE 1983 IRS rejected Common Law marriage status MARRIED Female beneficiary under Males life insurance declaring Female as wife Checks endorsed by M to Sally Winegard Payment by John of retail charge accounts incurred by Sally as Mrs. John Winegard;

LA M (L st pr of ev

WINEGARD YES 6 years (1977) continuous

MARRIED Antenuptual agreement Male proposed Engagement ring Wedding ring Reaffirmation of antenuptual agreement SINGLE Male claims he expressly told Female he did not intend to marry her

MARRIED Community regarded them as married Female used Males last name Hotel & travel reservations as Mr. & Mrs. Accepted wedding presents from Ms mother & brother Mail Mr. & Mrs. Attended family gatherings & sent Christmas cards from Mr. & Mrs.

CO LA M (L ST pr of ev

FISHER (1970)

YES 5 months

MARRIED Represented themselves as married to life ins. Agent Wore wedding rings

MARRIED Introduced to friends as Mr. & Mrs. Female introduced Males parents as her inlaws

MARRIED Life ins Joint bank acct Employment app status married

CO LA M

SYNTHESIZED RULE: The necessary element of public declaration will be satisfied for a finding of common law marriage when the couple: 1. Intend to be married, which can be inferred through public actions such as wearing wedding rings and introducing each other as husband and wife to friends and family; and 2. File official documents as husband and wife, especially if they receive the benefits of such a union

Jared Mermelstein Professor McGaugh

September 12th, 2011 Section 2