New Hampshire law does not recognize common law marriage while the parties are alive. When one of the parties dies, there is the possibility that the survivor could be considered the surviving spouse and the rights under the laws of New Hampshire. However, RSA 457:39 provides that for a partner to be considered married in common law the survivor must prove: 1. The parties cohabitated for 3 or more years preceding the death of one of the partners; 2. The community presumed the parries were married; 3. The parties acknowledged each other as being married. That may sound easy but just living together is not enough. You need to provide physical evidence of acting as married with joint accounts, credit cards, perhaps owning a house as joint tenants. You will need testimony from friends and relatives that knew you very well that they considered you married.
Answered on Mar 05th, 2013 at 2:58 PM