Misconceptions About Common Law Marriage and Legal Recognition

Common law marriage is one of those legal concepts that sparks a lot of confusion. For instance, many Pennsylvania couples assume that living together for a certain number of years automatically grants them the same legal rights as married couples. But the reality is far more complex.

Speak with a Bucks County family attorney if you have specific questions about your long-term union. Understanding what common law marriage really means, and what legal protections unmarried couples can and should put in place, is essential.

Does Common Law Marriage Still Exist in Pennsylvania?

The short answer is no. Pennsylvania abolished the creation of new common law marriages in January 2005. That means couples who began holding themselves out as married before that date may still have a valid common law marriage if they meet the legal criteria. But anyone who began cohabiting after 2005 cannot acquire a common law marriage in Pennsylvania, no matter how long they’ve been together.

Simply living together or introducing your partner as your husband or wife doesn’t automatically qualify, especially today. Without the legal protections of marriage, unmarried couples do not automatically have rights to make medical decisions for one another in an emergency, inherit property without a will, share in retirement benefits, or access one another’s insurance.

Heartbreaking situations are possible when long-time partners are shut out of hospital rooms or left with nothing when a partner passes away. That’s why legal planning is so important.

Are There Legal Documents to Protect Unmarried Couples?

If you and your partner are not legally married, there are still important legal tools you can use to protect your rights and support each other, including:

• Medical power of attorney. Authorizes your partner to make healthcare decisions if you are incapacitated.
• Living will. Outlines your medical treatment preferences and allows your partner to act on your behalf.
• Durable financial power of attorney. Allows your partner to manage your finances if you are unable to do so yourself.
• Last will and testament. Ensures your assets go to your partner and not automatically to biological family members.
• Cohabitation agreement. Functions like a prenup for unmarried couples, detailing ownership of property and financial responsibilities.
• Beneficiary designations. On retirement accounts and life insurance policies, naming your partner ensures they receive those benefits.

Every couple’s situation is unique, and cookie-cutter solutions may leave gaps in protection. A knowledgeable Bucks County family attorney can help you navigate the legal landscape, assess your needs, and create custom documents to secure your future.

In today’s legal climate, love and commitment aren’t always enough to ensure you and your partner are protected. If you’re unmarried and living together in Pennsylvania, taking proactive legal steps is the best way to safeguard your relationship and provide peace of mind.

Are unmarried but have been living with your partner for years? It’s important to have the right legal documents in place. To learn more, connect with the skilled attorneys at Kevin L. Hand, P.C. Call 215-515-2604 to schedule a confidential consultation.