Matter of Marriage of Wharton

In this dissolution proceeding, the issue is whether the parties were married. The trial court found the parties had effected a common-law marriage in Idaho and entered a decree of dissolution which provided for a division of the parties’ property. Appellant contends that the parties were not married. We agree and reverse.

The facts are not disputed. The parties were married in Nevada in December, 1965, and made their home at Marvin’s ranch in Oregon. Mary brought a divorce suit a few months later, and a decree of divorce was entered in January, 1967, to be effective in March of that year. A…