Rebecca Klock Schroer, of Holland & Hart LLP, has made available for download her article, “An Updated Test for Common Law Marriage,” published in JDSUPRA. The abstract is as follows:
Claims of common law marriage often arise in the context of an estate where a purported common law spouse asserts the rights of a surviving spouse, including priority to act as personal representative, statutory allowances and an elective share. In litigation, determining whether a common law marriage exists can be an expensive, fact intensive inquiry. It can also be particularly challenging in the context of an estate where one party is deceased.
To see the full article, click here: “An Updated Test for Common Law Marriage”
