Living Together and the Law

Living together has never been more popular. According to the 2010 Census data, over 7.5 million unmarried couples live together (which translates into 15 million people). This is a whopping 138% increase since 1990, and an increase in 13 % from 2009 alone. Forty percent of unmarried households have

Sex and the Law

The U.S. Supreme Court entered the 21st century in 2003. In  Lawrence v. Texas, 123 S.Ct.

Domestic Partnership Benefits

In the early 1980s, lesbian and gay activists sought new definitions of family and recognition of their relationships--and  domestic partnerships were born. In its broadest definition, domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits; usually, the benefits are provided by a municipality, private company, or university. But domestic partnership has evolved and in some places has become a legal status that is the functional equivalent of marriage.  

Common Law Marriage

Marriage is the legal union of two people.

Same-Sex Common Law Marriage and Social Security Dependents & Survivor Benefits

Prior to the Supreme Court decision that overturned the federal Defense of Marriage Act (DOMA), married same-sex couples were not entitled to the same federal benefits as heterosexual married coupl

Living Together and Property Agreements

A contract is no more than an agreement to do (or not to do) something. Marriage is a contractual relationship, even though the “terms” of the contract are rarely stated explicitly, or even known by the marrying couple. Saying “I do” commits a couple to a well-established set of state laws and

What Happens to Your Living Together Agreement If You Get Married?

Many couples who write a living together contract  end up getting married. What happens then? Your  living together contract will be enforceable after marriage only if the following are true:

Special Legal Issues for Unmarried Seniors Who Live Together

The fastest-growing demographic group among unmarried couples is seniors (one source says that over the past decade, the number of unmarried partners over the age of 65 has increased by 70%). All of the same reasons that younger couples give for not marrying may apply to seniors as well—not wanting

How to Establish Paternity

Paternity simply means “the state of being a father.” When an unmarried couple has a child, it’s essential that the father’s paternity be established as soon as possible after the baby is born. This protects the mother, the baby, and especially the father, by greatly reducing the possibility

Legitimacy of Children Born to Unmarried Parents

Most states and the federal government have moved away from using the words “legitimate” and “illegitimate” in differentiating between children whose parents are married or not married. Some states have adopted the Uniform Parentage Act, which says that “the parent and child relationship extends

Unmarried Couples and Adoption

In addition to, or instead of, having your own biological child, you and your partner may want to adopt a child. Adoption is a court procedure by which an adult legally becomes the parent of someone who is not his or her biological child. Adoption creates a parent-child relationship recognized for all

Inheritance and Other Legal Rights of Children of Unmarried Parents

Children of unmarried parents have most of the same legal rights as children of married parents. Inheritance Rights of a Child of Unmarried Parents You can leave your property to anyone you want in a will, trust, joint ownership device, or other estate planning device. (See the Estate Planning section

How Living Together Affects Custody of Children From a Prior Marriage

If you and your former spouse agree on custody, the court will normally ratify your agreement without considering the details of how you lead your life. A judge won’t know (or necessarily ask) whether one of you is living with another person unless your ex brings it to the judge’s attention. If you

How Living Together Affects Current Alimony Payments

Once your divorce is final and alimony decisions are made, either by the court or through your own agreement with your ex, can they be changed? Once again, it depends. If alimony is granted for an extended period, it normally terminates if the receiving spouse remarries, unless there’s an agreement

Parenting for Unmarried Couples FAQ

Questions Does a child born to unmarried parents qualify for government benefits? When an unmarried couple has a child, whose last name does the child take? Can an unmarried couple adopt a child together? If a parent partners with someone who isn't the child's other parent, can the new partner adopt

Child Custody, Visitation, and Support Issues When an Unmarried Couple Separates

Married or not, one thing never changes—when you split up, it’s vital for your kids’ current and future well-being that you try to reach a compromise about issues of custody, visitation, and support. Doing this in a constructive, humane way may be a great challenge. But, your ability to get along

How do we end a common law marriage?

My ex and I separated four years ago, but had a registered common law marriage. My current boyfriend and I, with whom I've lived all this time, are discussing marriage, but I'm not sure whether any divorce laws exist for a registered common law marriage. I also found out that my ex registered another common law marriage two years ago. Could that mean that we aren't married?

Can an ex-fiance run off with all the savings?

I have a friend whose fiancée recently called off their marriage. They shared a joint savings account -- which he contributed to significantly because she didn't work -- and she drained the account. She has told him that he'll get his money back after she talks to an attorney. Can she do this to him? What do you suggest he do?

How Unmarried Couples Can Avoid Probate

Probate is a court proceeding where your will is filed, assets gathered, debts and taxes paid, and property distributed to your beneficiaries. The process is time-consuming and expensive. Although the cost of probate (attorney fees, court filing fees, and often, appraisal fees) varies, depending on your

Property Rights of Unmarried Couples FAQ

Questions What should a property agreement include? My partner and I are buying a house together. How should we cover that in our property agreement? My partner makes a lot more money than I do. Should our property agreement cover who is entitled to her income and the items we purchase with it? What

Legal Issues When an Unmarried Couple Breaks Up

Despite your best intentions—just as is true for your married counterparts—statistics suggest that your relationship may not last forever. The anger and sense of loss that so often accompany a separation cannot be overcome by any law or counsel; emotional crises are best addressed through the help

Living Together Agreement to Keep Ownership of Property Separate

For most unmarried couples. major concerns are how they share ownership of property (car, house, furniture, and the like) and assets, and how they share income and expenses.