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Is common law marriage recognized in Arizona?

Mesa, AZ |
Filed under: Family trust

My dad who is 89, was placed in an assisted living facility 2/2014. Girlfriend caused many issues & was restricted from visiting/calling. she is now claiming she is working on papers for common law marriage. they lived together for 4.5 yrs. My dad has a large investment portfolio held in a family trust established in 1990. due to my dad's mental incapacity, letters from 3 different doctors stating that, he has been removed as one of the trustees; my brother & I are the remaining co - trustees. We meet regularly with my dad's attorney however are now concerned about this latest statement re: common law marriage. Any thoughts?

Attorney Answers 1


Arizona has no common law marriage provision. If someone has a valid common law marriage from another state and then moves to Arizona, then Arizona will recognize that marriage; however, a common law marriage cannot be "commenced" in Arizona.

** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **

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