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? Should common law marriages be more widely available? Describe the pros and cons.

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Whether Diane can petition the court to recognize her relationship with Sam as a valid common law ma... View the full answer