Some people think that living together for years makes them legally married. This belief comes from something called common law marriage. A few states still allow it. Others do not.
Common law marriage means a couple lives like they are married. They share a home, act as partners, and may call each other husband and wife. But they never have a wedding or marriage license. Many believe this gives them the same rights as married couples. That is not always true.
In New Jersey, the law is clear. The state does not allow common law marriage. This guide explains what that means and how you can protect yourself if you live with a partner but are not married.
What Common Law Marriage Really Means
Common law marriage is a type of informal relationship. It does not need a wedding, a license, or official papers. Some couples live together, share money, and call each other husband and wife. In a few states, that may count as marriage under the law.
These couples often act like spouses. They may own property together, file taxes jointly, or rely on each other for support. In some states, this creates legal rights. In others, it does not.
This idea can be confusing. Many people believe that living together for years makes them legally married. That might be true in states that allow it, but not everywhere. Always check your state’s rules to know where you stand.
Does New Jersey Allow Common Law Marriage?
New Jersey does not accept common law marriage. The state ended this type of marriage in 1939. Living together even for decades, does not make you legally married.
You may share a home, raise children, and introduce each other as husband and wife. Still, the law treats you as unmarried unless you follow official steps.
To be legally married in New Jersey, you must get a marriage license. You also need a formal ceremony and must file legal documents. Without this process, the state sees you and your partner as separate individuals.
Are There Any Exceptions?
There is one key exception. If a couple had a valid common law marriage in a state that recognizes it such as Texas, Colorado, or Iowa and then moved to New Jersey, the marriage may still be valid.
New Jersey follows a legal rule called “full faith and credit.” This rule means that states must respect certain legal decisions made by other states. So, if your common law marriage was legally formed elsewhere, New Jersey will usually treat it as a valid marriage.
Still, proof is often required. Couples may need to show evidence such as joint tax filings, shared property, or written agreements to confirm that a valid common law marriage existed before the move.
Why Does This Matter?
The law treats married and unmarried couples very differently. If your relationship is not legally recognized, you may face problems you didn’t expect. Many people only realize this when it’s too late.
Property Rights
If you buy a home together and your name is not on the deed, you may not have any legal claim to it. The law will not assume you own half, even if you helped pay for it.
Inheritance
If your partner dies without a will, you may not inherit anything. In New Jersey, only legal spouses have automatic rights to a partner’s estate. As an unmarried partner, you could be left with nothing.
Medical Decisions
If your partner is in the hospital, you may not be allowed to make choices about their care. Hospitals often turn to legal family members. Without legal documents, your voice may be ignored.
Taxes
Married couples can file joint tax returns. They may get benefits like lower tax rates or larger deductions. Unmarried couples cannot access these benefits, even if they share all other parts of life.
Breakups and Legal Separation
If the relationship ends, you cannot go to divorce court unless you were legally married. That means no right to spousal support, no court guidance on dividing property, and no formal process to settle the split.
What Legal Protections Can Unmarried Couples Get?
Even if you are not married, you can still protect your rights through smart planning. The law does not offer the same automatic protections to unmarried couples. But with the right documents, you can create many of those rights on your own.
Here are some important steps to consider:
1. Cohabitation Agreement
This is a legal contract between partners who live together. It covers key issues like who pays which bills, who owns what, and what happens if the relationship ends. Think of it as a plan that protects both sides.
A cohabitation agreement can include:
- How to split rent or mortgage payments
- Who owns shared property or furniture
- What to do if one partner wants to move out
This simple contract can prevent major legal problems later.
2. Power of Attorney
This document allows your partner to act on your behalf if you are unable to do so. You can create a financial power of attorney or a medical power of attorney or both.
If one of you becomes ill or injured, this form makes sure your partner can manage your money or speak to doctors for you.
3. Living Will or Health Care Directive
A living will tells doctors what kind of care you want in a medical emergency. A health care directive names the person who should speak for you if you cannot speak for yourself.
Without this, medical staff may ignore your partner’s wishes even after years together.
4. Property Titles and Wills
If you own a home or a car together, both names should be on the title. If only one name is listed, the other person may have no legal claim to it.
You should also create a valid will. A will gives you control over who receives your property after death. Without it, New Jersey law decides and unmarried partners are often left out.
Can Unmarried Partners Get Alimony in NJ?
In New Jersey, unmarried partners cannot receive traditional alimony. Alimony is a legal right only given in divorce cases, and divorce can only happen after a legal marriage.
Still, in rare cases, a court may award palimony. Palimony is financial support from one partner to another after a long-term, non-marital relationship ends. But it is not easy to get.
To qualify, the partner asking for support must prove that:
- There was a clear written promise of support
- The other partner had money or assets
- There was financial dependence during the relationship
New Jersey law requires that the promise be written. A spoken promise is not enough. Courts also want to see strong proof, like messages, letters, or agreements. Without these, palimony is not likely.
In short, palimony is possible but rare. If you want to make this kind of agreement, it’s best to write it down with help from a lawyer.
How Do NJ Courts Treat Long-Term Relationships?
New Jersey courts do not give legal rights based on how long a couple lives together. If you are not married, the law sees you as two separate people, no matter how close your relationship is.
Still, courts will review facts and behavior if a dispute arises. This includes:
- Shared bank accounts
- Joint purchases or property
- Written agreements
- Dependence on one partner’s income
- Care of children or dependents
If there is a breakup or legal issue, the court may consider these facts when dividing property or deciding what’s fair. But this is not guaranteed.
The best way to protect your rights is through a written agreement. Whether it’s a cohabitation contract or a property deal, it helps both partners stay clear about what they own and owe.
In law, written terms carry more power than promises.
Common Myths About Common Law Marriage in NJ
Many couples assume that living together gives them the same rights as marriage. This often leads to confusion. Let’s look at a few common myths and what the law really says.
Myth 1: We’ve lived together for seven years, so we’re married.
Truth: Time alone does not create a legal marriage in New Jersey. The state requires a marriage license and a formal ceremony. Living together, no matter how long, is not enough.
Myth 2: We filed taxes as a couple, so we’re legally married.
Truth: Only legally married couples can file joint tax returns. Listing yourselves as married on tax forms does not make the marriage valid.
Myth 3: We wear wedding rings and call each other husband and wife.
Truth: Titles and appearances do not create a legal marriage in New Jersey. Unless the relationship began as a valid common law marriage in another state, it is not recognized here.
Some states still recognize common law marriage, even if New Jersey does not. Does Florida Recognize Common Law Marriage? What You Need to Know is a helpful guide if you’re curious about how the law works in other states like Florida.
Conclusion
New Jersey does not allow new common law marriages. Living together, even for many years, does not create a legal marriage. You must complete legal steps to gain full marriage rights.
Without a legal marriage, you could lose key protections. These include rights to shared property, health care decisions, and financial help. If one partner becomes sick or passes away, the other may have no legal standing.
To protect yourself, take legal steps early. A cohabitation agreement explains each person’s role. A power of attorney gives you the right to help your partner in a crisis. A valid will makes sure your partner receives what you leave behind.
Every couple has a unique situation. Talk to a licensed family law attorney in your area. They can guide you based on your needs and local laws.
Disclaimer: This article gives general legal facts. It does not offer legal advice or create an attorney-client relationship. Laws may change or vary by location. Always speak with a qualified attorney before making legal decisions.