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In your reading materials you should have learned that only a very few states recognize common law marriage which can cause couples problems one way

In your reading materials you should have learned that only a very few states recognize common law marriage which can cause couples problems one way or the other if the parties are not familiar with the laws of their particular state. Using your required reading resources, let's consider the following scenarios:

  1. Sam and Diane have been living together for fifteen years. The parties hold all of their assets separately including the home in which they live, which is owned by Diane. Sam moves out and Diane files a petition for support. Assuming the state in which they live recognizes common law marriage, could the Court in this case determine there is a valid common law marriage? Why or why not?
  2. Samantha and Diane are a same sex couple who have been living together for fifteen years, who never intended to be married as they were just fine cohabitating for the duration of their lives. They too live in a state where common law marriage is legal. Sam dies without a will. Can Diane petition the Court to find her relationship with Sam a valid common law marriage? Why or why not?
  3. Could the Court find another alternative type marriage in either or both scenarios (i) and (ii)? Which one(s) and why?
  4. Should common law marriages be more widely available? Describe the pros and cons.

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