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The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg
The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg
William & Mary Journal of Race, Gender, and Social Justice
Common-law marriage is about to go the way of the buggy whip. In 2005, Pennsylvania abolished common-law marriage and other state legislatures are considering following Pennsylvania's lead. Even if common-law marriage is abolished in all states, the problem of unmarried cohabitants seeking property rights arising from their relationships will still challenge the courts. In particular, because most claimants are women, the perception of them as either an "adventuress" or a "virtuous wife" will often determine whether they will attain shared property rights.
This article uses the California experience as an illustration of the evolution of the law from the abolition …