Q: IS TITLE XLIIIDOMESTIC RELATIONSCHAPTER 457MARRIAGESProof of MarriageSection 457:39, a valid statute
I have recently lost my domestic partner of over 23 years. We were never formally married, but in my research into the matter I came across TITLE XLIII
DOMESTIC RELATIONS
CHAPTER 457
MARRIAGES
Proof of Marriage
Section 457:39: 457:39 Cohabitation, etc. – Persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married.
Source. RS 149:11. CS 158:19. GS 161:16. GL 180:16. PS 174:15. PL 286:36. RL 338:39.
Is this statute in good standing and actionable? I would like to invoke our rights as a married couple under this law. Is that possible, and what is the process of going forward with such an action
A:
Yes, the statute is valid.
This is NH's limited acknowledgement of common law marriages.
You can file in the probate court a petition for an intestate share of your partner's estate.
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