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unless the deed, title or other proof of ownership indicates they own the property as husband and wife. PROVING COMMON LAW MARRIAGE: The most important element, and the hardest to prove is that the parties intend at some specific point in time to enter into a marriage. If the Department through the field office suspects that a client has entered into a common law marriage exists, the Department/field that office has the burden to prove the three necessary elements of a common law marriage are present, including intent. Under Montana law (26-1-602(30) MCA), there is a presumption presumes that a two individuals who behave as if they are married have entered into a lawful marriage contract. However, evidence to the contrary can overcome this presumption. Often there is conflicting evidence as to whether the parties hold themselves out as married. For example, the woman may continue to use her own name in some situations but use the alleged husband’s name at other times, or the parties may list each other as the spouse on some documents but not others. In these instances, a court or hearing officer may find that a common law marriage does NOT exist. DOCUMENTATION REQUIREMENTS: If the three elements of common law are not present, do not establish common law marriage. Evaluate household members per the appropriate program filing unit policy. NOTE: If there is any questionable evidence, do not consider the parties to be common law married. If all three elements are present, request a written statement attesting to these facts. Document action in system case notes. Effective Date: July 01, 2016