COMMON LAW MARRIAGE
Kentucky does not recognize
common law marriages contracted within this state. Neither does Kentucky
recognize same-gender marriages (KRS
402.045). Many legal rights issues and problems arise when people have
significant others or life partners and live together without a valid marriage.
A "common law marriage" is legal in a few states and can exist there when the
parties agree to be married to each other and hold themselves out within their
community as husband and wife without benefit of a state-issued license. In such
instances, a common law marriage which is valid in another state will generally
be recognized in Kentucky.
Traditionally, unmarried couples have not enjoyed property rights that look
exactly like those available to married persons. A statutory scheme called
KRS 403, et seq., defines rights and duties for married couples,
but there is no such system for unmarried parties. Generally, if there is no
"partnership agreement", you will need a lawyer to protect your rights.
In cohabitation, unlike marriage, there are no automatic incidents of the
relationship, including matters about children and property:
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One unmarried party does not have an automatic right to share in
business enterprises, real property or personal property owned or in the
possession of the other party.
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One unmarried party does not have the automatic right to inherit from
the other's estate.
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One unmarried party does not have the right to health insurance coverage
on the other's policy (though their children can be covered).
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One unmarried party is not entitled to make health care decisions on
behalf of the other party if incapacitated without a valid Health Care
Directive; and so forth.
The child support and
custody provisions of
KRS 403, et seq. do apply to children of non-married parents, regardless of
the parents' marital status. The fact that the parents did not marry does not
abate either party's obligation to provide adequate support for their children.
Kentucky appellate courts have repeatedly refused to create property rights
solely on the basis of unmarried cohabitation, even when the parties'
relationship closely resembled marriage. In
Glidewell v. Glidewell, 790 S.W.2d 925 (Ky.App. 1990), the Kentucky Court of
Appeals held that no property rights arose from a relationship in which the
parties held themselves out as husband and wife and filed joint tax returns
because none of the states in which the parties lived permitted common-law
marriage.
In
Murphy v. Bowen, 756 S.W.2d 149 (Ky.App. 1988), the same court upheld a
trial court's summary judgment against Pearl Murphy, who claimed an interest
based solely on evidence of a "meretricious
relationship".
Other states are not nearly so adverse. See Lindemann v.
Lindemann, 92 Wash.App. 64, 960 P.2d 966 (1998), appeal dismissed by 137
Wash.2d 1016, 978 P.2d 1099 (1999) (increased value of male cohabitant's
business subject to equitable distribution because the partnership was entitled
to his labor and efforts during the relationship); Koher v. Morgan, 93
Wash.App. 398, 968 P.2d 920 (1998), appeal dismissed by 137 Wash.2d 1035, 980
P.2d 1281 (1999) (partner used profit from separately owned business and his own
income from the business to buy assets; court treated those assets as subject to
equitable distribution, using theory that the assets had a "community
property-like" character.
Even though Kentucky law does not initially appear to be encouraging, there
are a number of very important and successful ways to address the ending of such
relationships. A capable lawyer can pursue:
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Contract claims
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Partnership claims -- formal and/or informal
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Quantum Meruit claims
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Constructive trusts or resulting trusts
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Various real estate concepts
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Health care directives
If you believe you have a significant claim (though not married), you may
need a competent Family Law attorney to advise you.
See, also, our sections on
Domestic Partnerships
and
Living Together
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