Marriage has taken many forms throughout history, and as our society evolves, so do the ways we define and recognize this important institution. One such form is common law marriage, which allows a couple to be considered legally married without a formal ceremony. However, navigating the intricacies of common law marriage can present challenges, especially when planning for unexpected events like illness or death.
What Is Common Law Marriage?
Common law marriage exists in a handful of states, including Texas, Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia. Each of these states has specific criteria for what constitutes a common law marriage. For example, in Texas, a couple must meet three key requirements:
- Cohabitation: The couple must live together.
- Public Recognition: They must hold themselves out to the public as a married couple.
- Mutual Agreement: Both partners must agree that they are married.
Challenges of Common Law Marriage
One significant challenge with common law marriage is proving that a marriage exists. Since only a few states recognize this form of marriage, individuals must be prepared to provide evidence that they meet their state’s specific criteria. Moreover, some states that once recognized common law marriages no longer do, creating additional complexity. In these cases, the recognition of a common law marriage depends on when the relationship began and whether it was established before the state’s abolition of common law marriage.
In states that do recognize common law marriages, spouses often enjoy the same legal rights as those who have gone through traditional marriage ceremonies. However, for couples in states that do not recognize common law marriage, the consequences can be dire. If one partner passes away without an estate plan, the surviving partner may be left with no legal rights to inheritance or the ability to contest decisions in probate court.
Imagine a couple who has lived together for fifty years, believing they were married. If one partner dies in a state that does not recognize common law marriage, the surviving partner may be unable to inherit anything without a proper estate plan in place. This situation can be devastating, particularly when significant assets or the family home are involved.
Beyond Death: Healthcare and Financial Decisions
The complications don’t end with death. If one partner falls ill, the absence of legal recognition as a spouse can prevent the other from making crucial healthcare decisions. This can be especially troubling if family members disagree with the partner about the sick individual’s wishes.
Additionally, financial matters can become complicated. If one partner owns the couple’s home or primary accounts, the surviving partner may struggle to access funds or make necessary decisions. Without legal documents in place, they could find themselves facing significant financial hurdles during a challenging time.
Taking Action: Plan for the Future
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.