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common law marriage and divorce in Montana

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Bobbieann

Junior Member
What is the name of your state?Montana
My mom has been with my step father for years. They were married in 1953 and then in 1969 they were divorced but they never did live apart. They have a joint bank account and use the same last name and call each other husband and wife. He is 90 and she is 75. He has always been abusive with her and now it is to the point where she can't take it any longer. She has options now to leave but is afraid to because she is afraid that she will loose the right to any property they have. I think his name is on their land and property but he has rarely worked and she has always worked and is to this day bringing in 2/3 of their income. He browbeats her into believing that she can not survive without him. Since they are really common law, what rights does she have? Thanks, bobbieann
 


LdiJ

Senior Member
Bobbieann said:
What is the name of your state?Montana
My mom has been with my step father for years. They were married in 1953 and then in 1969 they were divorced but they never did live apart. They have a joint bank account and use the same last name and call each other husband and wife. He is 90 and she is 75. He has always been abusive with her and now it is to the point where she can't take it any longer. She has options now to leave but is afraid to because she is afraid that she will loose the right to any property they have. I think his name is on their land and property but he has rarely worked and she has always worked and is to this day bringing in 2/3 of their income. He browbeats her into believing that she can not survive without him. Since they are really common law, what rights does she have? Thanks, bobbieann
Only a handful of states recognize common law marriage, and I don't believe that Montana is one of them. Therefore your mother's rights are limited to property where she is actually an owner.

Therefore, if her name is not on the deed to the property, she has no right to the property. She honestly needs to consult a local attorney.
 

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