Common Law Marriage not Proven

Although there was evidence of cohabitation and a reputation as husband and wife, there was no evidence of joint income tax returns and no testimony by the alleged surviving wife, and there was evidence that the parties had not married and that they had attempted to obtain a marriage license before the death of the decedent, so the evidence was not clear and convincing and the marriage was not established. Fitz Estate, 10 Fid.Rep.3d 51 (York O.C. 2019), aff’d 337 MDA 2019 (Super. Ct. 1/14/2020), pet. for allowance of appeal, 62 MAL 2020.

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