Read About The Law ...
Books
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Family Law
by Charles G. Douglas
Call Number: KFN1280 .N48
ISBN: 9781632802392
Publication Date: 2014
"[W]hen the parties cohabit, mutually acknowledge each other as husband and wife, and have the general reputation in the community as being a married couple for at least three years, a legal marriage exists upon the death of one spouse. Unfortunately, one-half of the couple must be dead and the marriage terminated before it can legally be declared to have been a marriage. This is otherwise known as the "I'd rather be dead than married" statute." p. 2-15.
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Websites
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FindLaw. What is Common Law Marriage?
In the United States, common law marriage has been in existence since the horse and buggy days of 1877. While it might sound like an archaic form of marriage, it's still technically around today in one form or another in 10 states and the District of Columbia. Additionally, five states recognize common law marriage with some restrictions.
Read New Hampshire Law ...
New Hampshire Statutes
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RSA 457. Marriages
In New Hampshire, common law (or “non-ceremonial”) marriage is recognized only to the limited extent provided by RSA 457:39. The statute uses the phrase “cohabitation” not “common law marriage.”
New Hampshire Cases
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163 N.H. 202 (2012). In re Mallett
"In New Hampshire, marriage is controlled by statute. To constitute a valid, legal marriage, the union of two people must comply with the requirements of RSA chapter 457. Common law marriage is not recognized, except to the limited extent provided in RSA 457:39. Under RSA 457:39, when two persons cohabit and acknowledge each other as husband and wife, and are generally reputed as such, for at least three years and until the death of one of them, the survivor may be treated as the spouse of the deceased."
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168 N.H. 707 (2016). Brooks v. Allen
[O]ur refusal to apply the divorce statute to the dissolution of non-marital living arrangements does not prevent equitable adjustment of the rights of the parties, that either party may bring a bill in equity or petition for declaratory judgment to determine equitably the rights of parties in particular property, and that a court will enforce an action in contract “to the extent that it is not founded upon the consideration of meretricious sexual relations.
For More Information ...
For More Information ...
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LawLine
Volunteer attorneys are available to answer legal questions through LawLine, a free service of the NH Bar Association. LawLine is held on the SECOND Wednesday of each month from 6:00 p.m. ~ 8:00 p.m. To reach LawLine, call (toll free) 800-868-1212.
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Modest Means Legal Program
The Modest Means Program is designed for people who have some ability to pay for an attorney, but who cannot afford an attorney’s full fees.
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New Hampshire Law Library
The state's only public law library. Call, email, or visit, we'll be happy to help.
Disclaimer
Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.
Unmarried Couples, Law, and Public Policy
by 
