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Common Law MarriageA Legal Institution for Cohabitation$
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Göran Lind

Print publication date: 2008

Print ISBN-13: 9780195366815

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195366815.001.0001

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Conflict of Laws and Choice of Law

Conflict of Laws and Choice of Law

Chapter:
(p.641) CHAPTER 10 Conflict of Laws and Choice of Law
Source:
Common Law Marriage
Author(s):

Göran Lind

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195366815.003.0010

This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the common law state, through domicile, residence, or in another manner. Courts and governmental authorities in all of the states within the United States and many foreign countries may have to determine whether such a marriage has been established between a man and a woman who previously had been domiciled in a common law marriage state. In addition, a formless marriage can be established during a short visit by a cohabiting couple to a common law marriage state, even if they do not reside in one. This chapter further examines how the substantive law of common law marriage states is applied.

Keywords:   common law marriage, marriage contract, inferred marriage agreement, marriage presumption

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