PA and NJ Common Law Differences

Common law couples have never obtained a marriage license, yet in some states this type of union can lead to certain legal rights, similar to those of a traditionally married couple. The laws surrounding these long-term partnerships vary from state to state.

For unmarried couples in Pennsylvania and New Jersey, comprehending the specifics of common law marriage protections is key. Have a conversation with a Bucks County family attorney to learn more.

Does PA or NJ Offer Common Law Protections?

In Pennsylvania, common law marriages were recognized until January 1, 2005. This means that if you and your partner entered into a common law marriage before that date, your union is still legally valid. But for relationships that began after January 1, 2005, Pennsylvania no longer recognizes common law marriages. This change in the law means that couples who wish to be legally recognized as married must obtain a marriage license and go through a formal ceremony.

Long-term relationships that began after 2005 need to understand that the lack of common law marriage recognition in Pennsylvania means that they do not automatically receive the legal benefits associated with marriage. This can have significant implications for issues like inheritance, property rights, and medical decision-making.

If you and your partner live in New Jersey, know that the state does not recognize common law marriages at all. Regardless of how long a couple has lived together or presented themselves as married, they are not considered legally married under New Jersey law unless they have obtained a marriage license and had a formal ceremony. This lack of recognition means that couples who choose not to marry may find themselves without the legal protections.

Are There Other Ways to Legally Recognize a Union?

Couples in Pennsylvania (who did not enter into a common law marriage before 2005) or New Jersey should take proactive steps to protect their rights and interests if they choose not to marry.

• Cohabitation agreements. A legal contract between partners that outlines the rights and responsibilities of each party in the relationship. This agreement can cover issues such as property division, financial support, and other important matters.
• Estate planning. Without the legal recognition of marriage, your partner may not have the automatic right to inherit your assets if you pass away. Drafting a will and engaging in comprehensive estate planning can ensure that your partner is provided for.
• Power of attorney and healthcare directives. Establishing powers of attorney and healthcare directives grants your partner decision-making rights, ensuring that your wishes are respected.
• Property ownership. If you and your partner purchase property together, it’s crucial to clearly define ownership rights.

By working with a Bucks County family attorney and utilizing legal tools such as cohabitation agreements, wills, and powers of attorney, long-term partners can create a secure and legally protected relationship.

Are you interested in legal protections for you and your partner? Consulting with the legal team at Kevin L. Hand, P.C. is a way to ensure that your rights are safeguarded, even without a formal marriage. Call 215-968-6602 to schedule a confidential meeting.