There’s a lot of confusion about common-law marriage, and one of the biggest misconceptions is that it’s recognized everywhere. But in New Jersey, it’s not. Many people mistakenly believe they can become a “common law wife New Jersey” just by living with someone for a certain amount of time.
It’s important for unmarried couples in NJ to understand their legal rights and protections. This article will explain New Jersey’s stance on common law marriage, discuss available alternatives for unmarried couples, and outline the legal steps you can take to protect yourself and your assets.
New Jersey’s Stance on Common Law Marriage
So, what’s the deal with common law marriage in New Jersey? Here’s a quick rundown:
The general rule: No recognition
New Jersey does not recognize common law marriage. That means that no matter how long you live with someone, you’re not considered married under New Jersey law.
Exception: Valid out-of-state common law marriages
If you and your partner have established a valid common law marriage in another state that does allow it, like South Carolina, New Jersey will recognize your marriage.
Keep in mind that your relationship has to meet all the specific requirements for common law marriage in that other state.
Historical exception
If you and your partner established a common law marriage in New Jersey before December 1, 1939, the state still recognizes that marriage.
Legal Alternatives and Protections for Unmarried Couples in New Jersey
Even though New Jersey doesn’t recognize common law marriage, there are still ways for unmarried couples to protect their rights and interests.
Palimony Agreements
Palimony is like alimony, but for unmarried couples. It’s financial support paid to one partner after a separation.
Since 2010, New Jersey law requires palimony agreements to be written and signed by both partners to be enforceable in court. This requirement was added as an amendment to the Statute of Frauds.
It’s always a good idea for each person to have their own lawyer to make sure the agreement is fair and entered into honestly.
Cohabitation Agreements
Unmarried couples can also create cohabitation agreements. These spell out each partner’s rights and responsibilities while they’re living together.
A cohabitation agreement can cover things like financial support, how property will be divided, inheritance, and healthcare decisions. The agreement can even include clauses similar to parenting plans that address child custody, as long as those clauses don’t go against public policy.
Property Ownership
In New Jersey, unmarried couples don’t have the same right to an equal division of assets as divorcing married couples do. That’s why it’s important to have a written agreement that clearly states who owns what, whether it’s shared property or property that belongs to just one partner.
One way to protect your ownership interest in a property is to hold title as joint tenants with right of survivorship. This means that if one partner dies, the other automatically inherits the property.
Another way is to hold title as tenants in common. This allows each partner to own a specific share of the property, which they can then leave to someone else in their will.
Child support and parental rights in New Jersey
In New Jersey, child support obligations exist whether or not the parents are married. The state uses the same calculations for married and unmarried parents.
If you’re an unmarried couple with children, it’s very important to establish paternity. The easiest way to do this is to sign the birth certificate.
Establishing paternity creates legal rights and responsibilities for the father, including the right to seek custody or visitation and the responsibility to provide financial support.
Estate planning for unmarried couples
If you don’t have a will in New Jersey, the state decides who gets your property. This means your partner won’t automatically inherit anything.
To make sure your assets go where you want them to, you need a will. You can also name a guardian for your children in the event of your death.
Another good idea is to use beneficiary designations for things like retirement accounts and life insurance. That way, those assets pass directly to your partner without going through probate.
Conclusion
Because New Jersey doesn’t recognize common law marriage, it’s wise to speak with a New Jersey family law attorney about your rights and options. A lawyer can advise you about palimony, cohabitation agreements, child support, and estate planning.
Proactive legal planning can help you avoid disputes and protect your interests.