Common law marriage is a type of legally recognized relationship where two people live together and present themselves as married, without having formally registered their union. Although the rules that govern common law marriages vary from one jurisdiction to another, the basic premise remains the same – couples who meet certain criteria are treated like spouses under the law. In this article, we will discuss what you need to know about common law husbands, including their legal status, rights and obligations, and how to protect yourself.
Legal Status of Common Law Husbands
The legal status of common law husbands varies depending on the jurisdiction they are in. Some states or countries recognize common law marriage while others do not. In jurisdictions where common law marriage is recognized, couples who meet specific requirements such as cohabitation, holding themselves out as married, and living together for a certain period of time (usually seven years) may be considered legally married.
In states where common law marriage is not recognized, couples who live together are not afforded any of the legal protections or benefits that come with being married. This means that they are not entitled to inherit from each other’s estate if their partner dies intestate, nor can they make medical decisions on their behalf if they become incapacitated.
Rights and Obligations of Common Law Husbands
If you are a common law husband, there are certain rights and obligations that come with that status. Below are some of the key areas where common law husbands have legal rights and obligations:
- Property Rights: In states where common law marriage is recognized, common law husbands have the right to own property jointly with their partner. If they separate, they are also entitled to an equitable distribution of the property they acquired during the relationship.
- Financial Obligations: Just like traditionally married couples, common law husbands may be responsible for their partner’s debts if they were incurred during the course of the relationship. They may also be required to pay child support if they have children together.
- Healthcare Rights: In states where common law marriage is recognized, common law husbands are entitled to make medical decisions on behalf of their partner in the event of an emergency. They may also be eligible for the same healthcare benefits as traditionally married couples.
How to Protect Yourself as a Common Law Husband
There are several steps that you can take to protect yourself as a common law husband:
- Have a Cohabitation Agreement: A cohabitation agreement is a legally binding document that spells out the rights and responsibilities of both partners in the relationship. It covers issues such as property ownership, division of assets in the event of a separation, and responsibilities for any debts incurred during the course of the relationship.
- Obtain Life Insurance: Life insurance is a crucial way to protect your partner and any children you may have together in the event of your death. If you are the primary breadwinner, having a life insurance policy ensures that your partner and children will be taken care of financially if something happens to you.
- Be Aware of Your Legal Status: If you live in a state where common law marriages are not recognized, it is important to understand that you do not have any of the legal protections or benefits that come with being married. This means that you should take extra precautions to ensure that your rights are protected in the event of a separation or the death of your partner.
Conclusion
Common law husbands are afforded certain legal rights and obligations under the law, but these can vary depending on the jurisdiction they are in. If you are in a common law marriage, it is important to understand your legal status and take steps to protect yourself and your partner. By having a cohabitation agreement in place, obtaining life insurance, and being aware of your legal rights, you can help ensure that you and your partner are prepared for any eventualities.