One topic that comes up occasionally is whether a couple who has lived together for some period of time has a common law marriage? Let’s look at a specific case. Ricky and Cheri met in a coffee shop fifteen years ago, moved in to Ricky’s apartment, and the rest was history. Ricky and Cheri have lived together for the past fifteen years as a happy couple who consider themselves to be in a common law marriage. Both Ricky and Cheri had unhappy first marriages. Ricky’s children are estranged while Cheri had no children from her first marriage. Ricky and Cheri share expenses, income, and know each will take care of the other. What Ricky and Cheri may not realize is that under Georgia law no Common Law Marriage exists, which means they have no control over each other’s medical care, finances, or property.
If Ricky or Cheri were in a car accident, the person who has been with them for the last fifteen years would have no rights to medical information, no say in treatment, and have no power to assure the other was cared for in the way their partner would wish. If Ricky were to pass unexpectedly, Cheri would be left without a home, have no rights to any of Ricky’s property (including sentimental personal effects), and everything would go to Ricky’s estranged children.
The State of Georgia stopped acknowledging common law marriages January 1, 1997. Despite how devoted or serious you are about your relationship, you may be surprised to hear that your partner has no legal rights in regards to your finances, health care, or estate. HIPPA laws will prevent a nurse or doctor from sharing any medical information without an advanced health care directive. Current Georgia inheritance laws mean that a partner’s estate will pass to his or her heirs, which could be estranged children or more distant relatives, while the person who has shared the last ten to twenty years with them is left with nothing.
An estate plan can assure your wishes are met. Clearly stating who you want to make your healthcare decisions, who can pay your bills if you cannot, and what will happen to your estate when you’re gone are all key components to a good plan.
Let us help you secure the future you envision. At Grissom Law, we work with couples to ensure that their wishes are met. Call us today at 678-781-9230 to schedule an appointment to discuss your needs.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.