The Truth About What Makes a Common Law Marriage in Montana

If you live together in Montana... you're married? Not so fast.

Let's clarify one big myth. There is no minimum amount of time in Montana for a couple or court to prove or disprove a Common Law marriage. You may have heard it's six months or a year. Perhaps you've repeated something like this while gossiping about a couple: "Well, they've been living together for over a year now, that's Common Law!" Not exactly.

Benefits of a Common Law marriage in Montana.

Some choose not to get married in a traditional setting, for any number of personal reasons. In Montana, a Common Law marriage is recognized as legally binding, just like a traditional ceremony. However, instead of exchanging vows under the watchful eye of a preacher or in front of a judge, Common Law marriage in Montana can be established through three main actions. 

The State of Montana provides an easy-to-read, two-page guideline on what constitutes a Common Law marriage, referencing legislation, court cases, and state codes. Naturally, both parties must be of legal age to marry and not currently married to someone else. After that, it's:

• Consent and agreement. Intent is the big one here. They state, "The man and woman must mutually agree and consent to enter into a marriage relationship." To be considered Common Law, you must intend to get married.
• Competency. Are you both in the right frame of mind to agree that you intend - at some point - to get married?
• Cohabitation and "holding themselves out as married." This is where things can get interesting if Common Law comes into play in court. The state notes that owning property together does not necessarily indicate marriage. 

If things ever end up in court, you'll need to prove that you were more than just long-term dating, have children together, and were roommates (or roommates with benefits) regarding inheritances, estates, or other legal/financial issues.

Think: Using the same last name, introducing each other as spouses, or even filing joint tax returns. Essentially, you're presenting yourselves as a married couple to family, friends, and the community. This could also mean evidence like joint bank accounts, shared bills, or even social media posts showcasing your relationship status.

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We're not lawyers. Talk to your attorney.

Want to make a Common Law marriage official in Montana? Simply fill out this Affidavit of Common Law Marriage, have it signed by a notary, and mail it in. For answers to more complex questions regarding various Common Law marriage legal scenarios in Montana, MSU offers a great resource HERE, or consult a lawyer.