Family Lawyer in Missouri Explains Common-Law Marriage: Rights, Claims, and Legal Tips for Unmarried Couples

Understanding Common-Law Marriage in Missouri: A Comprehensive Guide for Unmarried Couples

Missouri does not recognize common-law marriage. This is a crucial point to understand for any unmarried couple living in the state. While some states acknowledge a marriage created simply by a couple presenting themselves as married, sharing a life together, and intending to be married, Missouri requires a formal marriage license and ceremony for a marriage to be legal.

Why is This Important for Unmarried Couples in Missouri?

Because Missouri doesn't recognize common-law marriage, simply living together, even for decades, and acting as a married couple does not automatically grant you the same legal rights and protections as a married couple. This has significant implications for:

• 💔Property Rights: Without a marriage certificate, you do not automatically have a claim to property acquired by your partner during your relationship.
• ⚕️Healthcare Decisions: You may not have the legal right to make healthcare decisions for your partner if they are incapacitated, unless you have specific legal documents in place.
• 💰Inheritance: Without a will, you are not entitled to inherit from your partner under Missouri's intestacy laws (laws governing the distribution of property when someone dies without a will).
• 💼Employment Benefits: You may not be eligible for certain employment benefits, such as spousal health insurance, through your partner's employer.
• 📝Legal Standing: You may lack legal standing in certain situations, such as suing for wrongful death of your partner.

What Alternatives Exist for Unmarried Couples in Missouri?

While common-law marriage is not an option in Missouri, there are several legal avenues you can pursue to protect your rights and interests as an unmarried couple:

1. Cohabitation Agreements

A cohabitation agreement is a legally binding contract between unmarried partners that outlines their rights and responsibilities during the relationship and in the event of a separation. This is the most important protection for unmarried couples. These agreements can address a wide range of issues, including:

• 🏠Property Ownership: How property acquired during the relationship will be owned (e.g., jointly, individually) and divided if the relationship ends.
• 💸Financial Support: Whether one partner will provide financial support to the other during the relationship or after a separation.
• 🏦Division of Assets: How joint bank accounts, investments, and other assets will be divided.
• ➕Debt Responsibility: Who is responsible for debts incurred during the relationship.
• 🐾Pet Custody: Agreements about pet ownership and care.
• 📜Confidentiality: Protect private info.

Practical Advice: It's highly recommended that each partner has their own independent attorney review the cohabitation agreement before signing it. This ensures that both parties understand their rights and obligations under the agreement.

2. Wills and Trusts

Without a will, your assets will be distributed according to Missouri's intestacy laws, which may not align with your wishes. Creating a will allows you to specify who will inherit your property, including your partner. A trust can also be used to manage and distribute assets, providing greater flexibility and control.

Practical Advice: Regularly review and update your will and trust documents, especially after significant life events such as acquiring new assets, changes in your relationship, or births of children.

3. Power of Attorney

A power of attorney (POA) allows you to designate someone to act on your behalf in financial or medical matters if you become incapacitated. You can grant your partner the authority to manage your finances, pay bills, and make healthcare decisions for you.

Practical Advice: There are different types of POAs, so it's important to choose the right one for your needs. A durable power of attorney remains in effect even if you become incapacitated, while a non-durable power of attorney terminates if you become incapacitated.

4. Healthcare Directive (Living Will)

A healthcare directive, also known as a living will, allows you to express your wishes regarding medical treatment if you are unable to communicate them yourself. You can specify the types of medical treatments you do or do not want to receive, such as life-sustaining treatment.

Practical Advice: Discuss your healthcare wishes with your partner and your doctor to ensure that your wishes are understood and respected.

5. Joint Ownership of Property

You can jointly own property with your partner, such as a house or a bank account. Joint ownership provides certain rights of survivorship, meaning that if one owner dies, the other owner automatically inherits the property. However, it's important to understand the different types of joint ownership and their implications. For example, joint tenancy with right of survivorship provides automatic inheritance, while tenancy in common does not.

Practical Advice: Consult with an attorney or real estate professional to determine the best way to structure joint ownership of property.

6. Beneficiary Designations

You can designate your partner as the beneficiary of your life insurance policies, retirement accounts, and other assets. This ensures that your partner will receive these assets upon your death, regardless of whether you have a will.

Practical Advice: Regularly review your beneficiary designations to ensure that they are up-to-date and reflect your current wishes.

What Happens When Unmarried Couples Separate in Missouri?

The separation of unmarried couples in Missouri can be complex, especially if they have acquired property together or have children. Unlike divorce proceedings, there is no formal legal process for dividing assets or determining support obligations between unmarried partners. This is where a cohabitation agreement becomes invaluable.

Property Division

In the absence of a cohabitation agreement, dividing property can be challenging. Generally, property is divided based on who holds title to the property. If property is jointly owned, it may need to be sold, and the proceeds divided. If property is owned solely by one partner, the other partner may not have a claim to it unless they can prove that they contributed to its acquisition or improvement.

Important Note: Proving contributions to property owned solely by your partner can be difficult and may require legal assistance.

Child Custody and Support

The legal principles governing child custody and support are the same for unmarried parents as they are for married parents in Missouri. The court will determine custody and visitation arrangements based on the best interests of the child. Both parents have a legal obligation to support their children financially.

Practical Advice: If you and your partner have children, it's important to establish a formal custody and support order through the court. This provides legal clarity and protects the rights of both parents and the children.

Possible Compensation and Strategies

While Missouri law doesn't offer the same protections as marriage, here are potential avenues for compensation and strategic considerations for unmarried couples separating:

• 🤝Quantum Meruit: If one partner provided services to the other (e.g., homemaking, business assistance) with the expectation of compensation, they may be able to recover the reasonable value of those services under a legal theory called quantum meruit. This requires proving that the services were provided at the request of the other partner and that the partner benefited from them.
• 💸Unjust Enrichment: If one partner benefited unfairly at the expense of the other, the court may order the partner to return the benefit under the theory of unjust enrichment. This requires proving that the partner received a benefit, that the other partner suffered a loss, and that it would be unjust for the partner to retain the benefit.
• 🧾Constructive Trust: If one partner holds title to property that rightfully belongs to both partners, the court may impose a constructive trust, requiring the partner to hold the property for the benefit of both parties. This typically requires proving that the partner obtained the property through fraud, duress, or abuse of confidence.
• ✍️Detailed Records: Keep meticulous records of financial contributions, property improvements, and services provided to your partner during the relationship. This evidence can be crucial in supporting your claims in court.
• 🗣️Mediation: Consider mediation as a way to resolve disputes with your partner outside of court. A neutral mediator can help you reach a mutually agreeable settlement.

Protecting Yourself: Key Legal Tips for Unmarried Couples in Missouri

• ✔️Consult with an Attorney: Seek legal advice from a qualified Missouri attorney who specializes in family law. An attorney can help you understand your rights and options and advise you on the best way to protect your interests.
• 📝Document Everything: Keep thorough records of financial transactions, property ownership, and agreements with your partner. This documentation can be invaluable in the event of a separation.
• 👍Be Proactive: Don't wait until a crisis occurs to address legal issues. Take proactive steps to protect your rights and interests by creating cohabitation agreements, wills, and other legal documents.
• 🤝Communicate Openly: Have open and honest conversations with your partner about your expectations, goals, and concerns. Clear communication can help prevent misunderstandings and conflicts.
• 🔎Review Regularly: Periodically review your legal documents and update them as needed to reflect changes in your circumstances.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.