Common Law in Michigan
Common Law Lawyers Ann Arbor & Tecumseh
Think living together for years makes you legally married in Michigan? Think again.
Understanding Michigan’s approach to common-law marriage is essential for protecting your rights and planning for the future. Many mistakenly assume that simply cohabiting provides the same legal protections as marriage. At Stimpson & Associates, our skilled common law lawyers offer tailored guidance to Michigan residents, helping you make sense of these complexities. We’re here to ensure you have the knowledge and support needed to make confident, informed decisions.
Understanding Common Law Marriage in Michigan
Recognizing Common Law Marriages Before 1957
Michigan used to recognize common law marriages before 1957. Couples who lived together and presented themselves as married were legally considered spouses under common law. If your common law marriage began before that year, it’s still valid today, giving you the same rights and responsibilities as a formally married couple.
Michigan’s Current Legal Stand
Since 1957, Michigan no longer allows new common law marriages. Living together or even presenting yourselves as married doesn’t automatically make you legally married. Today, to be recognized as married in Michigan, you need a marriage license and a formal ceremony.
Out-of-State Common Law Marriages
Michigan does recognize common law marriages that were legally established in other states. Thanks to the “full faith and credit” clause of the U.S. Constitution, if you’re married under another state’s laws, Michigan will acknowledge your marriage. This is especially important for couples moving to Michigan with a valid common law marriage from elsewhere.
Curious about how Michigan law affects your relationship? Contact Stimpson & Associates today to discuss your situation with our knowledgeable attorneys.
Challenges Faced by Unmarried Couples
Legal Implications
Being in a committed relationship without formal marriage can bring unexpected legal challenges in Michigan. Unmarried couples often encounter difficulties with property rights, inheritance, and parental responsibilities. At Stimpson & Associates, we understand the unique challenges you face and are here to guide you through these legal complexities.
Property Rights
In Michigan, the property division laws that protect married couples don’t apply to unmarried partners. When an unmarried couple separates, assets usually go to the person whose name is on the title or account. Jointly owned assets can lead to complications, and verbal property-sharing agreements are rarely enforceable.
Real estate ownership can be especially tricky. If only one partner’s name is on the deed, the other partner might have no legal claim to the property, regardless of any financial contributions made toward the mortgage or improvements.
Understanding your property rights is key to protecting your assets. Our team can provide guidance to help you safeguard what’s yours.
Inheritance Rights
In Michigan, unmarried partners don’t automatically inherit from each other. Without a valid will or estate plan, a surviving partner may receive nothing from their deceased partner’s estate, which can cause financial and emotional strain in an already difficult time.
Don’t leave your inheritance to chance. We can help you create an estate plan that honors your wishes.
Parental Responsibilities
For unmarried parents, securing parental rights can be a challenge. In Michigan, an unmarried mother automatically has sole legal and physical custody of a child born out of wedlock. Fathers must establish paternity legally to pursue custody or visitation rights. Simply being listed on the birth certificate or signing an Affidavit of Parentage doesn’t provide the same rights as those given to married fathers.
Establishing your parental rights is essential to building your relationship with your child. Our attorneys can guide you through the legal process to secure these rights.
Real-Life Scenarios
These real-life cases reveal the profound impact legal challenges can have on unmarried couples.
Lake v. Putnam
The Washtenaw County case of Lake v. Putnam is a Michigan-based example of parental rights challenges. Michelle Lake sought custody and visitation rights for a child she had helped raise with her former partner, Kalyani Putnam. The couple, who were unmarried, decided to have a child via artificial insemination, with Putnam as the biological mother. After their relationship ended, Lake pursued legal rights for visitation. Initially, she was granted supervised visitation, but the Michigan Court of Appeals later ruled that she did not have standing as a legal parent because she was neither the biological nor adoptive parent, and they were not married. This case underscores the legal obstacles unmarried partners can face in securing parental rights, emphasizing the need for legal protections and clear agreements.
Philip Seymour Hoffman and Mimi O’Donnell
Actor Philip Seymour Hoffman’s story is a well-known example. Despite his long-term relationship with Mimi O’Donnell and their three children, Hoffman chose not to marry her. When he passed away in 2014, O’Donnell faced considerable estate taxes—estimated around $11 million—since they were not legally married. Without the marital deduction available to married couples, a substantial part of Hoffman’s estate was taxed. This situation highlights the financial vulnerabilities unmarried partners may face, even in committed relationships.
Legal Alternatives and Protections
Unmarried couples don’t have to leave their future to chance. There are proactive legal steps you can take to protect your rights and interests.
Cohabitation Agreements
A cohabitation agreement is a legally binding contract that outlines the rights and responsibilities of each partner. This agreement can address:
- Property Division: Specify how assets and debts will be divided if the relationship ends.
- Financial Responsibilities: Outline how expenses will be shared during the relationship.
- Support Agreements: Define any financial support one partner will provide to the other after separation.
By clearly defining these terms, you can reduce potential disputes and ensure both partners’ expectations are aligned.
Our attorneys can assist you in drafting a comprehensive cohabitation agreement tailored to your needs.
Powers of Attorney
Granting powers of attorney allows your partner to make decisions on your behalf if you’re unable to do so.
Durable Power of Attorney
A durable power of attorney for finances enables your partner to manage your financial affairs, such as paying bills, managing bank accounts, and handling investments, in the event you’re incapacitated.
Medical Power of Attorney
A medical power of attorney grants your partner the authority to make healthcare decisions on your behalf if you’re unable to communicate your wishes.
Granting powers of attorney provides peace of mind that your partner can act on your behalf when necessary. Let us help you set up these essential documents.
Estate Planning
Estate planning ensures your assets are distributed according to your wishes and can provide financial security for your partner.
- Wills: Designate your partner as a beneficiary to receive specific assets.
- Trusts: Establish a trust to manage and distribute assets in a controlled manner.
- Beneficiary Designations: Update life insurance policies, retirement accounts, and other financial instruments to include your partner as a beneficiary.
Securing your assets and providing for your loved ones requires careful planning. Our team at Stimpson & Associates can guide you through the estate planning process.
How Stimpson & Associates Can Assist
Expert Legal Guidance
At Stimpson & Associates, our team brings extensive experience in family law. We pride ourselves on providing personalized legal solutions tailored to your specific circumstances. Our commitment to excellence and client-focused approach sets us apart in helping you navigate Michigan’s legal landscape.
Services Offered
We offer a comprehensive range of services to support unmarried couples:
- Drafting and Reviewing Cohabitation Agreements: We craft agreements that safeguard your interests and provide clarity.
- Establishing Powers of Attorney: We set up durable and medical powers of attorney to ensure your partner can act on your behalf when needed.
- Assisting with Estate Planning: We develop wills, trusts, and other estate planning tools to help secure your assets and provide for your loved ones.
- Providing Representation in Legal Proceedings: We advocate for your rights in disputes related to property, custody, or other family law matters.
Choosing the right legal partner can make all the difference. At Stimpson & Associates, we are dedicated to delivering exceptional service and working diligently to protect your rights and interests.
Stimpson & Associates Attorneys
David M. Stimpson
Managing Partner
David Lacasse
Attorney
Jessica Kelly
Attorney
Amy Parker
Attorney
Secure Your Future with Expert Legal Support
Don’t leave your rights and your future to chance. By taking proactive legal steps now, you can avoid significant challenges later. Whether you’re in a committed relationship or considering moving in together, understanding and securing your legal rights is essential.
At Stimpson & Associates, our experienced attorneys are committed to helping you navigate Michigan’s legal landscape with confidence. We provide personalized guidance and support to protect what matters most to you.
Contact Information
Take the first step toward securing your future. Contact Stimpson & Associates today to schedule a free initial consultation with our family law team.
What Our Clients Are Saying
My wife and I worked with Jessica Kelly to rewrite and update our estate documents. Jessica was thoughtful, caring, articulate and professional and showed a thorough understanding of issues we faced. She worked carefully and patiently with us to produce a document that we feel will serve us well. Without reservation, we would recommend her services to others.
Our family experienced an unimaginable tragedy and Stimpson Law helped us every step of the way. They were understanding, caring, and showed compassion while handling our legal matters. We are so appreciative of the entire office and highly recommend them.
Mr. Stimpson and his colleagues were so kind and very polite and helpful, when I was going through my divorce. They took the time and patience to explain everything in detail to my understanding. I would refer Stimpson & Associates to anyone who needs lawyer services.
I wish I could give Stimpson and his team more than five stars! Stimpson was my attorney for a drawn-out and emotional case. He kept me level-headed, focused, and most importantly, prepared. I genuinely appreciate his advice, his honesty, and his straightforward attitude. My fight was his fight and that was evident in the courtroom. Stimpson was worth every single penny! A BIG thank you to him and his team!