Common-law marriages are not invalidated by this chapter. Declarations of marriage pursuant to 40-1-311 through 40-1-313, 40-1-323, and 40-1-324 are not invalidated by this chapter.
Mont. Code Ann. § 40-1-403
Validity of common-law marriage
Applied in 3 court decisions — leading case Latta v. Otter (2015)
Most recently applied in Latta v. Otter (January 2015)
En. 48-314 by Sec. 14, Ch. 536, L. 1975; R.C.M. 1947, 48-314.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.