Condo Media - February 2021 - 35

Rhode Island uses a totality of
circumstances approach to determine
whether a common-law marriage exists.
closet in the unit, but who holds
themselves out as being married,
is in fact married?
Now, this aspiring board member
was one half of a couple who wanted to
be married, but just never got around to
formally tying the knot in City Hall or
Church, or even under the stars in front
of a person authorized by the State of
Rhode Island to hear their vows and
then to declare them formally married
in writing. So then, some (like perhaps
a very nosy unit owner neighbor) might
be quick to say that their failure to ink
the deal makes them fall outside of the
definition of marriage.
THE LEGAL QUESTION
The State of Rhode Island is one of
nine states to recognize common-law
marriages. To establish a common-law
marriage in Rhode Island, a couple
must have " seriously intended to enter
into the husband-wife relationship "
per the Rhode Island's Supreme Court
in Demelo v. Zompa, 844 A.2d174 (RI
1984). " The parties conduct also must
be of such a character as to lead to a
belief in the community that they were
married. " Id. " The prerequisite serious
intent and belief is demonstrable by
inference from cohabitation, declarations, reputation among kindred and
friends, and other circumstantial
evidence. " Id.
Rhode Island uses a totality of
circumstances approach to determine
whether a common-law marriage
exists. A good inference could be
from last year's annual meeting, when
the couple signs in as " Mr. and Mrs... "
or the husband stands up and says,
" I second my wife's motion to move
the question.... " or perhaps evidence
could be found in their CPA's office
where they filed their tax returns as

married. How long have they lived
together as a couple? Do they share
the same last name? Reputation
among kindred and friends, i.e.,
toasts at gatherings alluding to their
being married, or perhaps evidence
from joint assets and an economic
partnership, such as each being

named as the other's spousal
beneficiary on IRA, life insurance,
and annuities.
So then, whether by a city official
or a priest, or as described above,
by common law, our questioner's
" wife " can certainly serve on the
association's board of directors per
the bylaws.
n FRANK A. LOMBARDI, ESQ.,
CCAL IS A PARTNER IN
LOMBARDI LAW GROUP.

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February 2021 CONDOMEDIA

35
Condo Media - February 2021

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