Legal effects of a marriage
Marriage entails many rights and benefits. In most states, spouses are accorded the right to:
* file joint income tax returns with the IRS* and state taxing authorities
* create a "family partnership" under federal tax laws, which allows you to divide business income among family members (this will often lower the total tax on the income)
* create a marital life estate trust
* receive spouses' and dependents' Social Security, disability, unemployment, veterans', pension and public assistance benefits
* receive a share of your deceased spouse's estate under intestate succession laws
* claim an estate tax marital deduction
* sue a third person for wrongful death of your spouse and loss of consortium
* sue a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these lawsuits are available in only a few states)
* receive family rates for insurance
* avoid the deportation of a non-citizen spouse
* enter hospital intensive care units, jails and other places where visitors are restricted to immediate family
* live in neighborhoods zoned for "families only"
* make medical decisions about your spouse in the event of disability, and
* claim 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.
The legal difference between marriage and living together
Marriage is the legal union of two people. When you are married, your responsibilities and rights toward your spouse concerning property and support are defined by the laws of the state in which you live. Your marriage can only be terminated by a court granting a divorce or an annulment.
Living together
Many laws are designed to govern and protect the property ownership rights of married couples. But no such laws exist for unmarried couples. If you and your partner are unmarried, you must take steps to protect your relationship and define your property rights. You will also face special concerns if you are raising children together.
The protection of property rights of people living together
But the longer you live together, the more important it is to prepare a written contract making it clear who owns what-especially if you begin to accumulate a lot of property.Another way to deal with owning property together is to use a joint purchase agreement for individual items as you buy them.
It's particularly important to make a written property agreement if you buy a house together; the large financial and emotional commitments involved are good reasons to take extra care with your plans. Your contract should cover at least four major areas:
* How much of the house does each of you own? If it is not 50-50, is there a way for the person who owns less than half to increase his share-for example, by fixing up the house or making a larger share of the mortgage payment?
* How is title (ownership) to be listed on the deed? One choice is as "joint tenants with rights of survivorship," meaning that when one of you dies, the other automatically inherits the whole house. Another option is "tenants in common," meaning that when one of you dies, that share of the house goes to whomever is named in a will or trust, or goes to blood relatives if the deceased partner left no estate plan.
* What happens to the house if you break up? Will one of you have the first right to stay in the house (perhaps to care for a young child) and buy the other out, or will the house be sold and the proceeds divided?
* If one of you has a buyout right, how will the house be appraised and how long will the buyout take?