_____________ bill NO. _____________

P2#yIS1 INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT ABOLISHING common-law MARRIAGE; REMOVING A MAN AND a WOMAN DEPORTING THEMSELVES AS HUSBAND AND WIFE AS PROOF OF common-law MARRIAGE AS A DISPUTABLE PRESUMPTION; PROVIDING FOR INVALIDITY OF common-law MARRIAGES CONTRACTED AFTER THE EFFECTIVE DATE of this act; PROVIDING FOR THE REGISTRY OF A common-law MARRIAGE; AMENDING SECTIONS 26-1-602 AND 40-1-403, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 26-1-602, MCA, is amended to read:

"26-1-602. Disputable presumptions. All other presumptions are "disputable presumptions" and may be controverted by other evidence. The following are of that kind:

(1) A person is innocent of crime or wrong.

(2) An unlawful act was done with an unlawful intent.

(3) A person intends the ordinary consequence of the person's voluntary act.

(4) A person takes ordinary care of the person's own concerns.

(5) Evidence willfully suppressed would be adverse if produced.

(6) More satisfactory evidence would be adverse if weaker and less satisfactory evidence is offered and it is within the power of the party to offer more satisfactory evidence.

(7) Money paid by one to another was due the latter.

(8) A thing delivered by one to another belonged to the latter.

(9) When the instrument evidencing an obligation has been delivered to the debtor, the obligation has been paid.

(10) Prior rent or installments have been paid when a receipt for later rent or installments is produced.

(11) Things that a person possesses are owned by the person.

(12) A person is the owner of property if the person exercises acts of ownership over it or there is common reputation of the person's ownership.

(13) A person in possession of an order on the person for the payment of money or the delivery of a thing has paid the money or delivered the thing accordingly.

(14) A person acting in a public office was regularly appointed to it.

(15) Official duty has been regularly performed.

(16) A court or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the court's or judge's jurisdiction.

(17) A judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.

(18) All matters within an issue were laid before the jury and passed upon by them, and in like manner, all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.

(19) Private transactions have been fair and regular.

(20) The ordinary course of business has been followed.

(21) A promissory note or bill of exchange was given or endorsed for a sufficient consideration.

(22) An endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill.

(23) A writing is truly dated.

(24) A letter duly directed and mailed was received in the regular course of the mail.

(25) There is an identity of persons when there is an identity of names.

(26) A person not heard from in 5 years is dead.

(27) Acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact.

(28) Things have happened according to the ordinary course of nature and the ordinary habits of life.

(29) Persons acting as partners have entered into a contract of partnership.

(30) A man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage.

(31)(30) A child born in lawful wedlock is legitimate.

(32)(31) A thing once proved to exist continues as long as is usual with things of that nature.

(33)(32) The law has been obeyed.

(34)(33) A printed and published book purporting to be printed or published by public authority was so printed or published.

(35)(34) A printed and published book purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published contains correct reports of such cases.

(36)(35) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed the property to the particular person. This presumption applies when it is necessary to perfect the title of the person or the person's successor in interest.

(37)(36) When there has been uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of rights, the owner intended to dedicate it to the public for that purpose.

(38)(37) There was a good and sufficient consideration for a written contract."

Section 2. Section 40-1-403, MCA, is amended to read:

"40-1-403. Validity Invalidity of common-law marriage -- registry of common-law marriage. (1) Common-law marriages are not invalidated by this chapter contracted on or after [the effective date of this act] are invalid.

(2) As proof of the existence of a common-law marriage contracted before [the effective date of this act], the parties may file with the clerk of the district court in the county of the residence of the parties a written declaration showing:

(a) the names, ages, and residence of the parties;

(b) the date on which the parties entered into a common-law marriage; and

(3) 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."

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.