You and your partner may not have “taken the plunge” and had your commitment to one another formalized in marriage.  But when you are considering ending the relationship, it is important to assess your rights under the relationship, and your potential obligations to your partner. 

Depending on a number of factors, you may be considered common law married, which affords you the same rights and privileges that married couples enjoy, such as an equitable division of the assets you collected during your relationship, and the possibility of maintenance. 

Disputes regarding the validity of your marriage are resolved by the court, which considers myriad factors, including whether you have joint bank accounts, are beneficiaries in each other’s Will, are beneficiaries on financial or retirement accounts, and most important, how you identify each other to your family and the public. 

If the court determines that you are not common law married, and there is real estate to divide, you may need to consider a partition action, which would allow the court to make a determination regarding your interest in the property to ensure a proportionate division of the property.  Our experienced common law marriage attorneys at Wayland Law can help you resolve these types of issues, should they arise. 

If you have questions about the legal status of your relationship with your partner, schedule a free consultation with with one of our experienced family law attorney for answers.