A judge recently found that a marriage existed over the past 30 years based on the conduct of the parties. Even though marriage equality did not yet exist, a judge, nevertheless, ruled that the parties, were married. By applying Obergefell (marriage equality case) retroactively, the judge determined that because two women had owned a home together, shared joint bank accounts and characterized themselves to others as “married”, that they were, in fact, married under common law doctrine. Because of the marriage, the parties must now divide property as a divorce action.
When a social relationship takes on legal aspects (joint ownership of assets), one must be aware of the potential ramifications of the legal aspects and be very clear of possible circumstances. If the desire is to remain an unmarried couple, it is advisable to have a partnership agreement created to clearly outline the rules and expectations of the couple, while together and if a dissolution occurs.
http://www.abajournal.com/news/article/obergefell_applies_retroactively_says_family_law_court_judge
When a social relationship takes on legal aspects (joint ownership of assets), one must be aware of the potential ramifications of the legal aspects and be very clear of possible circumstances. If the desire is to remain an unmarried couple, it is advisable to have a partnership agreement created to clearly outline the rules and expectations of the couple, while together and if a dissolution occurs.
http://www.abajournal.com/news/article/obergefell_applies_retroactively_says_family_law_court_judge
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