Common Law Marriage: A Legal Institution for Cohabitation

Hardcover | August 15, 2008

byGoran Lind

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One of family law's greatest challenges within the 21st Century is facing the decreased rate of marriages and the increased number of unmarried co-habiting couples. All over the world, lawmakers and courts have met this challenge with different legal solutions. Currently, eleven Americanjurisdictions recognize the doctrine of common law marriage, but for other jurisdictions have abolished the doctrine within the last fifteen years. Common Law Marriage presents a thorough legal history of common law marriage, from its origins to current law and possible future developments in law.Dr. Goran Lind researches current law by analyzing American cases, discussing the legal requirements for the establishment of a common law marriage, as to capacity, contract, implied agreement, cohabitation, holding out, and burdens of proof. As Lind points out, due to the choice of law principles, courts all over the United States must decide on common law marriages on a case-by-case basis. As long as couples move from one state to another, individual state courts in the United States must apply the doctrine of common law marriage anddecide if such a marriage has been established when a couple has lived in, or visited, a common law marriage state. Common Law Marriage provides an avid look at the level of expertise regarding the doctrine of common law marriage and expresses the evident need for guidance concerning it.

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From the Publisher

One of family law's greatest challenges within the 21st Century is facing the decreased rate of marriages and the increased number of unmarried co-habiting couples. All over the world, lawmakers and courts have met this challenge with different legal solutions. Currently, eleven Americanjurisdictions recognize the doctrine of common la...

Goran Lind is the Manager of The JURA Law Institute in Uppsala, Sweden, which educates practitioners, from judges to attorneys, on the entire field of law. He received his Bachelor of Laws and Doctor of Laws from the University of Uppsala in Sweden, where he is currently an Associate Professor on the Faculty of Law. Professor Gora...
Format:HardcoverDimensions:939 pages, 6.3 × 9.29 × 2.2 inPublished:August 15, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195366816

ISBN - 13:9780195366815

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"This is the definitive work on U.S. common law marriage. Scholars of family law across the US will be very glad Professor Lind undertook this project. Professor Lind's book provides very helpful information about how common law marriage developed. His chapters on informal marriage under Roman and Canon law, provide a helpful survey of the legal historical background out of which common law marriage emerged." J. Thomas Oldham, University of Houston Law Center "Professor Lind's work is extremely timely and his research is extremely thorough. He offers both a contemporary and an historical perspective and his analysis is careful and thoughtful. It provides the information that policymakers and scholars need, and does so in a thorough and unbiased manner. I expect that this book will have a significant impact on the development of the law governing cohabitation." Marsha Garrison, Brooklyn Law School