Claimant failed to prove common law marriage by clear and convincing evidence of constant cohabitation and general reputation when the decedent also maintained a relationship and household with another woman and there was an unclear reputation of marriage between the … Continue reading
Tag Archives: common law marriage
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 … Continue reading
Judgment on the pleadings in an action for ejectment will be granted where the allegation of a common law marriage is based solely on cohabitation and an employer’s classification of one of the parties as a “domestic partner.” The grant … Continue reading
A person denied benefits from a municipal pension fund after a finding by a hearing board that a common law marriage was not proven, from which no appeal was made to the Court of Common Pleas, cannot later obtain a … Continue reading
A same-sex couple could enter into a valid common law marriage before 2005, and the evidence supported the existence of the marriage. In re: Estate of Stephen Carter, 159 A.3d 970, 2017 PA Super 104 (2017). … Continue reading
Surviving “life partner” is not entitled to 0% spousal inheritance tax rate, despite years of continuous cohabitation, when there was no evidence that the parties had ever contracted to marry by exchanging verba in praesenti. Gessner Estate, 7 Fid.Rep.3d 72 … Continue reading
An attempted election against a will, made more than six months after probate, is properly dismissed on summary judgment because the claimant must have known whether she and the decedent agreed to be married and so the six month limitation … Continue reading
In Obergefell v. Hodges, ___ U.S. ___, No 14-556 (6/26/15), the United States Supreme Court held that it was a violation of the due process and equal protection clauses of the 14th Amendment for states to deny marriages licenses to … Continue reading
The Pennsylvania legislature abolished common law marriages entered into after January 1, 2005, but common law marriages before that date will continue to be valid. See Act of November 23, 2004, No. 144, amending 23 Pa.C.S. § 1103. In Whitewood … Continue reading
In divorce proceeding of common law marriage, case dismissed because of lack of subject matter jurisdiction (no marriage existed). Court finds both parties in divorce to be untrustworthy, but party claiming common law marriage did not prove with clear and … Continue reading