Chandler V. Kanander Case Summary
A: A marriage is presumed valid and enforceable unless a party can legally prove otherwise.
In Chandler v. Chander, Richard (husband) had failed 1) to petition the court to enter a Declaratory Judgment, despite his specific allegation that the marriage was void; it’s become signiticant. 2) Richard only requested the Court to set aside the property settlement. 3) Richard had failed to discover the legality of his marriage for more than 30 years, let it tolled, and 4) Richard had failed to prosecute his claim effectively. Because Richard Chandler had lived in Texas where common law marriage is recognized; therefore, he assumed that his marriage is perfectly legal, valid and enforceable. He was not alone, countless people living in the states
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Without testimony or affirmation of witnesses, parties must prove that they have a clear intent to marry each other, and can further prove their common law marriage existed by documents, such as joint income tax filing, joint names in car/home/health/life insurances, real (deeds, rental agreements) and personal properties, claims, court documents, children’s birth certificates, photgraphs, and various forms of documents available when couple subscribed their names which addressed themselves as husband and wife.
Q. Discuss situations illustrated in your readings and explain the problems inherent in those scenarios.
A. One of the most challenging element to prove a common law marriage is the clear intent to enter a valid marriage buy both parties, not just one party. As decided in Hargrave v. Duval-Couetil (777 N.W.2d 380), the Supreme Court of South Dakota concluded that to meet common law mariage requirements, the mutual agreement or declaration to marry would have to be more than an implicit agreement. In this case, the party failed to establish a clear intent to marry, and as a matter of law, Hargrave could not prove by clear and convining evidence that the couple entered into a valid comon law marriage.
Q. Is common law marriage recognized in Massachusetts? If so, under what
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