Jacksonville Family Law Attorney

Common Law Marriages

The state of Florida is not one of the states that recognize common law marriages as legal.  However, there are specific instances in which these marriages may be considered legal.  For example, if the common law marriage was begun in a state in which common law marriages are considered legal and are recognized by law, the marriage will likely be recognized as legal in Florida.  When dealing with the legal aspects of a common law marriage in the state, it is critical that you get legal assistance from a Jacksonville family law attorney to advise you of your rights and what should be done legally to protect your rights and property.

Family Law Lawyer in Jacksonville, Florida

When two parties choose to live together without a marriage contract, this can create legal problems in the future should one party die.  In such a case, it can cause havoc for the individual who remains, who now must vacate the home that was shared (it they are not an owner) and may lose all of their personal property and belongings in the process.  As the state does not recognize common law marriage, a legal battle can ensue that is expensive and often could have been avoided with a carefully written cohabitation agreement. 

The legal team at Ellerin Hutchinson has helped countless individuals in the Jacksonville area to draft the legal agreements deemed necessary to protect the rights of those who live together but never married.   As the state may recognize a common law marriage that was begun in a state in which common law marriage is legal, it is possible that one party could lose a large amount of their property or assets should a legal battle result when the relationship ends.  Measures can be taken to protect your assets in a common law marriage situation by the drafting of an agreement that is similar to a prenuptial agreement in which the financial and property matters are fully detailed should the relationship end.    It is strongly advised that if you are living together and unmarried that you protect your rights with a legal agreement drafted by Attorney Scott Ellerin. 

Contact a Jacksonville Family Law Attorney from Ellerin Hutchinson if you are concerned about your rights and property in a common law marriage situation.