Jump to ContentJump to Main Navigation
Common Law MarriageA Legal Institution for Cohabitation$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 21 February 2019

Cohabitation, Holding Out, and Reputation as Spouses

Cohabitation, Holding Out, and Reputation as Spouses

Chapter:
(p.469) CHAPTER 8 Cohabitation, Holding Out, and Reputation as Spouses
Source:
Common Law Marriage
Author(s):

Göran Lind

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195366815.003.0008

This chapter examines how cohabitation in American law is assigned a different function as a requisite, i.e., as a necessary requirement for the establishment of a common law marriage in addition to the marriage contract. It assesses the underlying motives for the requirement and structure of the principle of cohabitation, as well as identifies its different elements. The boundaries of the principle are significant because they determine the scope of common law marriage, which couples fall outside or inside the regulatory system, determining who receives the rights, as well as the obligations, of marriage. It is common in both the legislation and case law to have a separate requirement that the parties outwardly appear as spouses in addition to the requirement of cohabitation. This requirement focuses on either the parties actions in themselves, in other words, their holding out as spouses, or on the effects thereof, i.e., their reputation as husband and wife.

Keywords:   American law, common law, informal marriage, pure contract principle

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .