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Do cohabitating couples have to worry about common-law marriage?

On Behalf of | Oct 5, 2024 | Family Law

The idea of marriage has lost some of its luster in modern society. With relatively high divorce rates and fewer legal benefits derived from marrying, many couples choose to avoid marriage. They may have children together or buy a home together without involving the state in their relationship.

However, if the dynamic in the relationship declines, a breakup may be on the horizon. When couples have shared resources and own a home together, the end of the relationship has the potential to be very messy. Couples may need to address many of the same issues they would if they got married and decided to divorce.

Some people may worry that because they have cohabitated for years or decades they may have established a common-law marriage. Do long-term cohabitating couples in Michigan have to involve the state to end a relationship?

Michigan abolished common-law marriage

Decades ago, couples could end up married through common law means. Holding themselves out to the community as a married couple, sharing a residence and combining resources might lead to the state recognizing them as a married couple.

Such rules no longer exist in Michigan and have not for decades. Regardless of how long people have cohabitated or maintained a relationship, the state does not treat romantic partnerships as marriage unless spouses obtain a marriage license and make the relationship official. In other words, those preparing for a breakup after long-term cohabitation do not have to go to divorce court.

Still, they may end up in family court anyway. For example, they may need to establish a child custody order if they share minor children. The intervention of a judge may also be necessary if there are issues with the division of their property and financial resources.

It can be very difficult for people to amicably handle the practical elements of a breakup when emotions are high. Unmarried couples who intend to cohabitate or start families might benefit from establishing a written agreement with one another.

Couples can have contractual arrangements similar to prenuptial agreements. They can protect what they invest in the home where they live together or their personal resources by negotiating an agreement with one another. For those without agreements, litigation is sometimes necessary to recoup investments made in shared property at the end of a relationship.

Reviewing the circumstances of a long-term partnership with a skilled legal team can help people determine what family law statutes apply to their circumstances, and how to best protect themselves. Those who have commingled resources and shared financial obligations with a romantic partner often need help when they decide to part ways.