Co-habitation
More and more couples are deciding to live together before marriage or even without the intent to ever get married. Heckler Law Office can help you protect your rights and your future if you choose unmarried co-habitation.
To Marry or Not to Marry . . .
For a variety of reasons many couples are deciding delay or forgo marriage despite living together or even having children. However, these new family structures lack many of the legal rights and benefits reserved for married couples, including:
Tax Benefits
This list only represents a fraction of the estimated 1,400 state and federal legal rights and benefits tied to marital status. Therefore, unmarried couples, particularly those living together or with children, should give serious consideration to getting married.
Nevertheless, there are some alternatives for unmarried couples who desire to protect their legal rights. The first priority for any non-married couple in Michigan is to have your partner designated as your patient advocate if you want him or her to have access to you in the hospital and to make medical decisions for you if you are unable to do so yourself. Second, you should each have a will prepared if you want your partner to have any rights to your estate in the event of your death. If you are a father, you should execute an acknowledgment of parentage to ensure that you have parental rights to your child.
Finally, unmarried couples should consider creating a co-habitation agreement if they decide to live together. A cohabitation agreement can outline what should happen with the mortgage or lease in the event the couple breaks up. It could also outline how property should be divided, including any pets. It is particularly important for unmarried couples to establish such an agreement (in writing), since these are the types of financial and property divisions that a court will typical only consider in a divorce.
Tax Benefits
- Filing joint income tax returns with the IRS and state taxing authorities.
- Creating a "family partnership" under federal tax laws, which allow you to divide business income among family members.
- Inheriting a share of your spouse's estate.
- Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.
- Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.
- Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse's behalf.
- Owning property as tenants by the entirety.
- Avoid transfer tax on transfers between spouses.
- Receiving Social Security, Medicare, and disability benefits for spouses.
- Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.
- Receiving certain public assistance benefits.
- Obtaining insurance benefits through a spouse's employer.
- Taking family leave to care for your spouse during an illness.
- Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.
- Taking bereavement leave if your spouse or one of your spouse's close relatives dies.
- Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.
- Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment.
- Filing for stepparent or joint adoption.
- Applying for joint foster care rights.
- Receiving equitable division of property if you divorce.
- Receiving spousal support if you divorce.
- Receiving family rates for health, homeowners', auto, and other types of insurance.
- Receiving tuition discounts and permission to use school facilities.
- Other consumer discounts and incentives offered only to married couples or families.
- Suing a third person for wrongful death of your spouse and loss of consortium (loss of intimacy).
- Claiming the marital communications privilege, which means a court can't force you to disclose the contents of confidential communications between you and your spouse during your marriage.
- Receiving crime victims' recovery benefits if your spouse is the victim of a crime.
- Obtaining immigration and residency benefits for noncitizen spouse.
- Visiting rights in jails and other places where visitors are restricted to immediate family.
This list only represents a fraction of the estimated 1,400 state and federal legal rights and benefits tied to marital status. Therefore, unmarried couples, particularly those living together or with children, should give serious consideration to getting married.
Nevertheless, there are some alternatives for unmarried couples who desire to protect their legal rights. The first priority for any non-married couple in Michigan is to have your partner designated as your patient advocate if you want him or her to have access to you in the hospital and to make medical decisions for you if you are unable to do so yourself. Second, you should each have a will prepared if you want your partner to have any rights to your estate in the event of your death. If you are a father, you should execute an acknowledgment of parentage to ensure that you have parental rights to your child.
Finally, unmarried couples should consider creating a co-habitation agreement if they decide to live together. A cohabitation agreement can outline what should happen with the mortgage or lease in the event the couple breaks up. It could also outline how property should be divided, including any pets. It is particularly important for unmarried couples to establish such an agreement (in writing), since these are the types of financial and property divisions that a court will typical only consider in a divorce.
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HECKLER LAW OFFICE - 915 N MICHIGAN AVE, SUITE 207, HOWELL, MI 48843 - (810) 599-2696