Matter of Estate of Murnion

I question the trial court’s legal conclusion that the evidence supports a finding of common law marriage.

We have traditionally phrased our test of the existence of a common-law marriage in terms of consent, habit and repute. Cohabitation with habit and repute are merely the means of proving the first, and primary, element of any marriage — consent.

“. . . the consent, whether in express words, or implied from conduct, must always be given with such an intent on the part of each of the parties that marriage cannot be said to steal upon them unawares. One cannot become married unwittingly or…