A common-law marriage is one recognized by the state, even though the couple didn’t have a formal wedding ceremony. But what’s the status of common law in Pennsylvania today?
Pennsylvania no longer recognizes common-law marriages that began after January 1, 2005. However, common-law marriages established before this date may still be valid.
This article will review the requirements for a valid common-law marriage in Pennsylvania, explain the rights unmarried couples have, and what steps you can take to protect your legal interests.
Pennsylvania’s Recognition of Common-Law Marriage
Pennsylvania does recognize common-law marriages, but with a pretty big asterisk. The state only recognizes common-law marriages that began before January 1, 2005.
To be considered a valid common-law marriage, the couple must have intended to be married, lived together, and held themselves out to the world as husband and wife.
It can be tough to prove a common-law marriage. You’ll likely need to show evidence like shared bank accounts, joint tax returns, and testimony from people who knew you as a married couple.
If you do have a valid common-law marriage in Pennsylvania, ending it requires a formal divorce, just like a traditional marriage. That means going through the same steps, including dividing property and, if applicable, determining child custody and support.
Pennsylvania courts follow the principle of equitable distribution, meaning they’ll divide marital property fairly, but not always equally.
What legal rights do unmarried couples have in Pennsylvania?
In Pennsylvania, unmarried couples don’t have the same automatic legal rights as married couples. Here are a few key differences:
Property Rights
If you’re not married, you don’t automatically have the same property rights as a married person. Proving you own property that you share with a partner can be tough without the proper legal paperwork.
Inheritance Rights
Unmarried partners don’t automatically inherit from each other in Pennsylvania. If your partner doesn’t have a will, their assets will be divided up according to Pennsylvania’s intestacy laws, which may not be what either of you would have wanted.
Spousal Support
Spousal support, also known as alimony, is generally not an option for unmarried couples in Pennsylvania.
How to establish legal protections for unmarried couples
Even though Pennsylvania doesn’t recognize common law marriage, you can take steps to protect yourself and your partner.
Cohabitation Agreements
A cohabitation agreement is a written contract that defines the rights and responsibilities of each partner during the relationship. It can cover things like who owns what property, who’s responsible for which financial contributions, and what happens if the relationship ends.
A cohabitation agreement can also address how property will be divided if you break up, along with other financial issues.
Estate Planning
For unmarried couples, a will and/or trust is essential. These legal documents allow you to designate beneficiaries and make sure your assets are distributed according to your wishes. Without these, your partner may not inherit your property.
You can also grant your partner the power to make medical and financial decisions on your behalf if you become incapacitated. A durable power of attorney will remain in effect even if you become incapacitated.
Why legal advice is important
It’s a good idea to talk with a family law attorney so you understand your rights and options. An attorney can help you draft a cohabitation agreement, a will, and other legal documents that can help you and your partner feel secure.
Legal counsel is crucial if you want to navigate the complexities of unmarried relationships in Pennsylvania.
Putting It All Together
Pennsylvania’s rules about common-law marriage are pretty specific. If you and your partner established a common-law marriage before January 1, 2005, the state recognizes it. After that date, you’re not able to enter into a common-law marriage in Pennsylvania.
Regardless of your marital status, if you’re living with a partner, it’s a good idea to have legal documents like cohabitation agreements, wills, trusts, and powers of attorney in place. These are important for protecting your rights and assets.
If you have any questions or concerns about your situation, it’s best to talk to a qualified family law attorney who can help you understand your rights and options.