92 So. 3d 105
Ala. Civ. App.2012Background
- Mary Melton died in 2007; Melissa Melton, her daughter, was appointed personal representative in 2010.
- Thomas Jenkins claimed Mary and Jenkins were married at common law and sought status as surviving spouse; Melissa denied the common-law marriage.
- Probate court held a trial in 2011 and determined in May 2011 that Mary and Jenkins had a common-law marriage and that Jenkins was surviving spouse.
- Melissa appealed; Alabama Supreme Court transferred, then sent back to the court of appeal for lack of jurisdiction; opinion discusses standards for common-law marriage.
- Court relied on Lofton v. Estate of Weaver and related Alabama authority to require clear and convincing proof of common-law marriage and public recognition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mary and Jenkins had a valid common-law marriage | Jenkins asserts capacity, mutual agreement, and public recognition. | Melton contends evidence is insufficient to prove all elements clearly and convincingly. | Insufficient clear and convincing evidence; reverse and remand |
Key Cases Cited
- Lofton v. Estate of Weaver, 611 So.2d 335 (Ala.1992) (requires clear and convincing proof of common-law marriage)
- Baker v. Townsend, 484 So.2d 1097 (Ala.Civ.App.1986) (high standard of proof for common-law marriage)
- Krug v. Krug, 292 Ala. 498, 296 So.2d 715 (Ala.1974) (presence of impediments; continuing cohabitation after removal presumes common-law marriage)
- Stringer v. Stringer, 689 So.2d 194 (Ala.Civ.App.1997) (elements of common-law marriage include capacity, agreement, and public recognition)
- Crosson v. Crosson, 668 So.2d 868 (Ala.Civ.App.1995) (elements and factual questions regarding common-law marriage)
- Boswell v. Boswell, 497 So.2d 479 (Ala.1986) (public recognition and cohabitation as factors)
- Adams v. Boan, 559 So.2d 1084 (Ala.1990) (standard for reviewing trial court findings on evidence)
- Gray v. Bush, 835 So.2d 192 (Ala.Civ.App.2001) (cohabitation and mutual conduct in common-law marriage)
- Cluxton v. Cluxton, 431 So.2d 1296 (Ala.Civ.App.1983) (lack of joint property weighs against marriage)
- Reese v. Holston, 67 So.3d 109 (Ala.Civ.App.2011) (insufficient isolated documents to show public recognition)