common law marriage Florida
The legal rights of unmarried couples in Florida are relatively limited. However, the state does allow couples to have children and co-own property. It is also important to note that there are many benefits to being married in Florida. Among the advantages are increased tax deductions, higher credit scores, and greater access to social benefits.
Before deciding to become married or live together, it is important to learn about the legal requirements of the state. The best way to ensure that your rights are protected is to talk to a licensed attorney about your situation.
In the past, it was illegal for two people to live together without a marriage license. This was considered a felony, and if the couple was caught, they could face up to 60 days in jail. In 2016, Governor Rick Scott repealed this antiquated law. Fortunately, the new law does not penalize couples who live together.
Florida also recognizes the putative spouse doctrine, a concept that allows individuals who have not legally married to benefit from the marital rights of their partner. In addition, Florida does not have a strict time limit for establishing a civil union. This is good news for couples who are considering becoming cohabiting.
Unlike a married couple, an unmarried pair does not have the right to divorce. Likewise, an unmarried pair does not have a right to fair property division. If they wish to have their property divided in a reasonable manner, they must file a legal action in court. The court has the authority to divide the property of an unmarried person, and this action is called a "dividend action."
While the legal system does not offer unmarried couples much in the way of protections, there are ways to get around the law. One option is to establish a joint bank account. Another option is to form a corporation or LLC. This can help avoid credit issues, but it may not be the best solution for every situation. A final option is to execute a will for an unmarried pair. These can be difficult to do on your own. An estate planning attorney can help you with these options.
An unmarried pair can also establish a constructive trust. This is a complex concept that a couple needs to understand, but it can be worth it in the end. A constructive trust looks more like a fairness quotient than a written contract. An oral agreement is rarely specific, and a couple might need to consult with a lawyer to be sure they are going to get what they are paying for.
Despite the shortcomings of the state's laws, unmarried pairs can have a great deal of fun, share their lives, and enjoy some of the same rights as couples who are married. This can lead to a happier, healthier life, especially if they have children. The legal system is a fine line, and some Florida attorneys have spent years researching the laws governing unmarried couples.
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