Tag: cohabiting

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Living Together: 3 Life Events Most Couples Aren’t Prepared For

living togetherMore couples are living together than ever before. Most, though, aren’t prepared for when tragedy or unexpected issues happen. In this post, Dartmouth, Massachusetts attorney, Andrew Garcia, reveals the 3 life events that most cohabiting couples simply aren’t prepared for and how that lack of preparation can leave each partner financially crippled.

First Life Event: Breaking Up

Judge Judy is famous for cautioning that when you live together “you’re playing house.” Since Massachusetts doesn’t recognize common law marriage, she’s basically right: there’s no rule book for when you break up.

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Living Together: 3 Reasons to Do Your Estate Plan in 2016

living together Massachusetts doesn’t recognize common law marriage no matter how long a couple has lived together.  Since common law marriage isn’t recognized, there are no laws that require that property be automatically passed on to a surviving partner after the death of the first and there’s no guarantee that one partner will be in charge of making medical decisions for another.

If you’re living together in Massachusetts, it’s critical that you have your legal affairs in order in case the unthinkable happens. Attorney Andrew Garcia of The Living Together Law Center identifies three reasons why cohabiting couples should prepare an estate plan in 2016:

Reason #1: When You Die Your Surviving Boyfriend or Girlfriend Doesn’t Automatically Get Your Property

When a person dies without a last will and testament, Massachusetts law controls how property passes on. This is called the “law of intestate succession” or the “laws of intestacy.”

Massachusetts law says that when a person dies without a will their property will pass on to a surviving spouse. If there is no surviving spouse, then it passes to surviving children. If there are no surviving children, then to surviving parents, siblings and so on.

One person that the law does not include is a surviving boyfriend or girlfriend. So, a surviving cohabiting partner is not guaranteed to receive any property from a deceased cohabiting partner.

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Living Together May Soon Become Lawful in Florida

In recent news, Fox 25 reports that unmarried couples may soon be allowed to legally live together in Florida. A measure to get rid of a law that’s been on the books since 1868 making it illegal for unmarried men and women to cohabit is pending before the Florida State Senate.

Apparently, Florida, along with only 2 other states in the U.S. (Michigan and Mississippi), makes cohabitation between a man and woman a misdemeanor punishable by 60 days in jail and a $500 fine.

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Living Together: 3 Reasons to Do Your Estate Plan in 2016

Close up of couple having fun outdoorsMassachusetts doesn’t recognize common law marriage no matter how long a couple has lived together.  Since common law marriage isn’t recognized, there are no laws that require that property be automatically passed on to a surviving partner after the death of the first and there’s no guarantee that one partner will be in charge of making medical decisions for another.

If you’re living together in Massachusetts, it’s critical that you have your legal affairs in order in case the unthinkable happens. Here are three reasons why cohabiting couples should prepare an estate plan in 2016:

Reason #1: When You Die Your Surviving Boyfriend or Girlfriend Doesn’t Automatically Get Your Property

When a person dies without a last will and testament, Massachusetts law controls how property passes on. This is called the “law of intestate succession” or the “laws of intestacy.”

Massachusetts law says that when a person dies without a will their property will pass on to a surviving spouse. If there is no surviving spouse, then it passes to surviving children. If there are no surviving children, then to surviving parents, siblings and so on.

One person that the law does not include is a surviving boyfriend or girlfriend. So, a surviving cohabiting partner is not guaranteed to receive any property from a deceased cohabiting partner.

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