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
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.
