Second, they must have consented to be husband and wife. Such consent need not have been made in any particular way. It can be shown by evidence that they agreed orally or in writing to be husband and wife, or it can be implied from their conduct.
Third, after they consented to be husband and wife, the parties both assumed marital rights, duties, and obligations to each other. This requires that they lived together as husband and wife, treated each other in a manner typical of married people, and held themselves out as husband and wife.
Fourth, the man and woman consented to be husband and wife and they assumed marital rights, duties, and obligations while they were living in the State of Idaho.
In the State of Idaho, Declaration of Common Law Marriage is a legal agreement that establishes the rights and responsibilities of two people living together as a married couple, even if they are not legally married. This agreement is recognized by the state and gives the couple the same rights and benefits as a legally married couple. There are two types of Declaration of Common Law Marriage in the State of Idaho: Express Declaration and Implied Declaration. Express Declaration is a written document that must be signed by both partners, witnessed and then filed with the county recorder’s office. The document must include the couple's name, address, date, intent to be married, and signature of both partners. Implied Declaration is a legal agreement based on the couple's behavior and actions. The couple must show evidence that they have been living together as a married couple for at least five years, have held themselves out to the public as a married couple, and have shared the same household for at least five years. This evidence can include joint bank accounts, joint property ownership, and joint tax returns.
