Estate of Hunsaker v. Hunsaker

In Estate of Hunsaker v. Hunsaker, 1998 MT 279, 55 St.Rep. 1144, 291 Mont. 412, 968 P.2d 281 (1998), the Montana Supreme Court held that a common law marriage may be found to exist as long as the three elements of common-law marriage all existed at some time together. Those three elements are: (1) that the parties were competent to enter into a marriage; (2) that the parties assumed a marital relationship by mutual consent and agreement; (3) that the parties confirmed their marriage by cohabitation and public repute. Id.