Funny comic, but a serious topic, and it is true.
In Rhode Island, you can legally be considered “common law married” even if you were never officially married by a Justice of the Peace or other official in a ceremony.
Shocking to some, but true in RI under the system of laws that are not clearly defined by a statute but are determined on a case-by-case basis according to caselaw precedent.
You might be thinking- so what?
Well, common law marriage can get tricky when it comes to situations of “break-ups” and death.
It seems that everyone understands how common law marriage comes into play when a couple breaks up (think messy divorce) but few realize the implications this has when one of the partners in the common law marriage dies.
I have seen far too many cases where an individual passes away and their partner comes to the table stating common law marriage. This is especially messy if there was a divorce and/or children who are involved.
Even if person who passed away had a Will before they were “common law married”, that Will is invalid. This is because RI law says that marriage (even common law) invalidates any prior Wills.
So what happens when you now don’t have a Will?
There’s something called Intestacy laws. Those law dictates where monies are divided out of you pass away with out having a Will. Those laws dictate that if you are married (even common law) that at least HALF of everything you own (more if you don’t have children) goes to your common law spouse. Plus, your common law spouse has the legal right to live in your house for the rest of their life.
To be clear, this applies if;
1. You are married (aka you filed marriage paperwork) OR
2. You are married by meeting the criteria of common law marriage.
I have to tell you, the standard for common law marriage is not as high as people believe (there is no requirement you need to live together for at least 7 years); people are shocked to know this exists and even more surprised when they understand the “legal proof” needed to be considered common law married.
In a nut shell this comic lays it out; joint bank accounts, living together, people “considering you married”. While there are a variety of other factors that could also be considered, what I hope you can take from this is things can get very messy.
So some non legal advice today; maybe think twice before moving in with your girlfriend/boyfriend 🙂.
......Or at least make sure you’re protected with proper legal documents if you do.