In re Common-Law Marriage of Kelley

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 129,332 In the Matter of the Common-Law Marriage of EDWIN W. KELLEY and MARY V. (GERLT) KELLEY. SYLLABUS BY THE COURT 1. The Kansas Supreme Court has jurisdiction to review a district court determination that a couple had a common-law marital relationship and to either approve or disapprove that determination. 2. The essential elements of a common-law marriage in Kansas are: (1) capacity of the parties to marry; (2) a present marriage agreement between the parties; and (3) a holding out of each other as husband and wife to the public. 3. The…