Also known as: holding-out presumption · presumption of holding out · holding out · apparent authority presumption
Written by attorneys · grounded in primary & secondary sources — see below
An element required to establish a common-law marriage under which the parties publicly hold themselves out as spouses. The element is satisfied by conduct such as using a common surname, maintaining joint accounts, or telling others they are married.
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Hakim Hall and Holly Hayes lived together for three years in a condominium. Hakim introduced Holly to neighbors and at community events as his wife, and they used a joint bank account for household expenses. When a dispute later arose over property rights after separation, the court applied the holding out element to assess whether their conduct created a common law marriage.
After moving in together, Dana and Lee began using the surname 'Rivera-Smith,' opened a joint checking account, and introduced each other as spouses at work events. When Dana later sought spousal benefits, the court examined whether this consistent public conduct satisfied the holding-out requirement for a common-law marriage.
Receipt of the child into the home combined with open statements and actions treating the child as the person's natural child meets the requirement. Courts examine whether a neutral observer would presume the individual is the parent based on consistent public acknowledgment.
…out as her natural children. (§ 7611, subd. (d).) The legal presumption of fatherhood or motherhood created by receiving and holding out the child as one’s natural child “may be rebutted in an appropriate action only by clear and convincing evidence.” (§ 7612, subd. (a).) We concluded in Nicholas H. , supra, 28 Cal.4th 56,…