Legal Opinion

H-T-W

Board of Immigration Appeals

Decided July 1, 1960No. ID 1050Published

1Opinion of the Court

MATTER OF H T tiV In DEPORTATION Proceedings A-7415273 Decided by Board February 12, 1960 Common - law marriage — Proof required under New York law. (1) Evidence that parties lived together, used the same name, were regarded as husband and wife, and were the parents of a child is not sufficient to prove a valid common-law marriage in New York. Failure to show mutu- ality of consent and intention bars a finding that such a marriage existed between them. (2) Since the evidence of respondent's relationship with a woman between 1927 and 1932 fails to establish a valid common-law marriage, his…

2Cases cited4 opinions

  1. Boyd v. BoydNew York Court of Appeals · 1930
  2. Graham v. GrahamAppellate Division of the Supreme Court of the State of New York · 1924
  3. "Castellani" v. "Castellani"New York Family Court · 1941
  4. In re the Estate of ReynoldsNew York Surrogate's Court · 1938

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