If you are wondering whether common law marriage in NJ is legally recognized, you are not alone. Many couples believe that simply living together for a certain number of years grants them the same legal rights as a traditionally married couple. However, the reality in New Jersey is quite different. This article will explore what common law marriage is, whether it is recognized in NJ, and what alternative legal protections are available for unmarried couples.
What is Common Law Marriage?
Common law marriage is a legal concept where a couple is considered legally married despite never having obtained a marriage license or held a formal ceremony. Typically, this type of marriage requires that:
- The couple has lived together for an extended period.
- They present themselves to society as a married couple.
- They have mutual intent to be married.
Is Common Law Marriage Recognized in NJ?
New Jersey does not recognize common law marriage. Regardless of how long a couple has lived together, they are not granted the legal rights of a married couple unless they have a formal marriage license. The state abolished common law marriage in 1939, meaning that only legally licensed and officiated marriages are valid in NJ.
Exceptions: Out-of-State Common Law Marriages
While NJ does not allow common law marriages to be formed within the state, it does recognize such marriages if they were legally established in a state where common law marriage is permitted. This means if a couple was deemed married under common law in a state like Colorado or Texas, New Jersey will acknowledge that marriage as valid.
How to Protect Your Rights as an Unmarried Couple in NJ
Since common law marriage is not recognized in NJ, unmarried couples need to take extra legal steps to protect their rights. Here are some important measures:
1. Cohabitation Agreements
A cohabitation agreement is a legally binding document that outlines financial responsibilities, property ownership, and other aspects of the relationship. It can be particularly helpful in case of a breakup.
2. Wills and Estate Planning
Without a legal marriage, partners do not automatically inherit assets. Drafting a will and setting up estate planning documents can ensure your partner is financially protected.
3. Healthcare and Power of Attorney
Unmarried partners do not have automatic healthcare decision-making rights. A healthcare proxy or power of attorney allows your partner to make medical or financial decisions on your behalf if necessary.
4. Property Ownership and Financial Agreements
If you and your partner purchase property together, ensure both names are on the deed or mortgage to prevent future disputes. A written financial agreement can help define responsibilities and ownership shares.
Common Myths About Common Law Marriage in NJ
Myth 1: “Living together for seven years means we are married.”
This is false. No matter how long you cohabit, New Jersey law does not grant you marital status without a formal marriage.
Myth 2: “We have children together, so we are common law married.”
Having children does not establish common law marriage in NJ. However, parents have legal obligations regarding child support and custody.
Myth 3: “If we move to a common law marriage state, we will be married.”
Moving to a state that recognizes common law marriage does not automatically grant marital status unless the couple meets that state’s specific criteria for common law marriage.
FAQs about Common Law Marriage in NJ
1. Does NJ recognize common law marriage?
No, New Jersey does not recognize common law marriage. However, it acknowledges valid common law marriages from other states.
2. Can unmarried couples receive spousal benefits in NJ?
Unmarried couples do not have automatic spousal rights but can secure legal protections through contracts, wills, and power of attorney documents.
3. What legal steps can unmarried couples take to protect themselves?
Cohabitation agreements, estate planning, property ownership documentation, and healthcare proxies can help unmarried couples establish legal security.
4. If I lived with my partner for many years, do I have rights in case of separation?
Without a legal agreement, unmarried partners have limited rights in case of separation. A cohabitation agreement can help clarify financial and property matters.
Conclusion
Common law marriage in NJ is not recognized, meaning couples who live together without a formal marriage do not receive the same legal protections as married couples. However, by taking proactive legal measures, unmarried partners can safeguard their rights. Whether through cohabitation agreements, estate planning, or property contracts, planning ahead can prevent future disputes and ensure financial security for both partners.