General Question

AshlynM's avatar

How long do you have to live with someone to be considered their domestic partner?

Asked by AshlynM (10684points) March 20th, 2010

Is there some sort of ceremony you go through or do you just have to live together for a certain amount of time for the name to take effect?

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14 Answers

thriftymaid's avatar

It’s dictated by the employer who provides benefits. No ceremony required.

Axemusica's avatar

Some states actually have laws where after a period of time that a S/O has been living in the others residence it would be considered a domestic partner under that law. It usually takes effect with things like, separation issues, property issues, you know, things that a “break up” would involve.

jazmina88's avatar

7 years in KY makes a commonlaw marriage…..at Citigroup, I believe it is 6 months….for benefits

Cruiser's avatar

When your name appears on a bill addressed to the same address as your mutual cohabitation arrangements….you are officially a “domestic partner”! Congrats!!

Just_Justine's avatar

Our laws are different here, but someone said 7 years which would make it similar. You should also register as a CIL wife. Well here anyway, it really is worth it for lot’s of reasons.

bobloblaw's avatar

Assuming you’re in the United States, as others have said, it depends on the state. You’re also kind of talking about two separate things.

If you want to be someone’s domestic partner, you’ll have to file w/the appropriate authority in your state. Of course, that assumes your state even provides for such designation. I know in CA they allow that designation, but you can never “fall” into it w/out filing. There is usually a filing requirement unless your jurisdiction says otherwise. This is just a general rundown. Check w/the appropriate authority in your jurisdiction to find out what the local rules are. Every jurisdiction can shape the laws however they want.

On the other hand, on the latter part of your question, it sounds like you’re describing what is called a “common law marriage.” Most states (in the US) do not allow common law marriage and require that couples file. Of course, there are certain situations where a court will legally recognize a marriage, but, for our purposes, you’re still not married. Again, check w/the appropriate authority in your jurisdiction.

Overall, I’d check w/the appropriate laws in your state before you commit to anything jointly w/your significant other. I cannot over-emphasize this enough. Find out where you have to file and ask them questions. Don’t take your significant other’s word for it. It’s always better to operate from a basis of caution.

thriftymaid's avatar

@Just_Justine @jazmina88 . There isn’t a statutory time of cohabitation that results in common law marriage. That is a myth. There are some varying elements among the few states that still recognize common law marriage. The most important element is intent of the parties.

gailcalled's avatar

Seven years for Common-Law in Rhode Island.

thriftymaid's avatar

@gailcalled @Just_Justine @jazmina88

In a handful of states , heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

* live together for a significant period of time (not defined in any state)
* hold themselves out as a married couple—typically this means using the same last name, referring to the other as “my husband” or “my wife,” and filing a joint tax return, and
* intend to be married.

When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.

http://www.nolo.com/legal-encyclopedia/faqEditorial-29086.html

gailcalled's avatar

@thriftymaid: My daughter and her partner of 20 years bought a house together, were on the same medical insurance plan he carried as a Brown U faculty member, filed joint taxes…but never shared the same last name, referred to each other as “my partner” and never planned to marry.

When they split several years ago, they had no legal divorce and no lawyers making decisions for them. Maybe there are new laws on the books in RI.

thriftymaid's avatar

@gailcalled No. In the law the intent of the parties is paramount. You stated they called each other partner and never planned to marry. That in itself prevents their relationship from becoming a common law marriage. It is a myth that living together for a specific number of years creates common law marriage. It’s all about intent.

gailcalled's avatar

@thriftymaid: It is certainly possible; they didn’t discuss these issues with me. I do know that Dr. Geology Prof was able to carry my daughter on his Uni medical insurance.

My daughter said that RI considered them common-law. It is moot now, however, since they have gone their separate ways. And he has legally married.

Are you a lawyer?

thriftymaid's avatar

@gailcalled Yes I am. The discussion here was supposed to be about domestic partners, but got a little sidetracked with common law marriage. Each state may have its own laws defining domestic partnership. Also, corporations (with regard to benefits) may consider a couple domestic partners more broadly that the law.

JeffVader's avatar

In the UK we use a term ‘Common Law Partners’. & while most people think this provides some legitimate rights, it actually doesn’t. In the event of anything bad happening you have no legal protection. You could petition through the courts, however there are no guarantees.

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