As a long-term unmarried couple in Tennessee, you could face unique challenges when your relationship ends. While the state does not recognize common law marriage, many couples have built lives together without formal marriage, which leads to complications when they separate. Like many, you can face issues, especially regarding property division and financial matters.
How does Tennessee view common-law marriage?
Common law marriage happens when a couple lives together and acts married without a ceremony or license. Some places accept this. However, Tennessee does not. Living together and acting married does not make you married in Tennessee. You need a marriage license and ceremony to be married there. This means:
- Couples living together, even for years, do not get married rights.
- They have no automatic right to divide property or get spousal support.
- Same-sex couples who could not marry before face more issues.
However, the state might accept common-law marriages from states that allow them. If you had a common law marriage in such a state and moved to Tennessee, the state might consider you married.
What legal options do unmarried same-sex couples have?
Even though unmarried couples cannot get divorced, they can still separate in these ways:
- Cohabitation agreements: These contracts, made together, outline property division and financial duties.
- Civil lawsuits: You might need to sue for your share of jointly owned property.
- Mediation: A neutral third party helps you negotiate a fair separation agreement.
As with heterosexual couples, you should document your financial contributions and agreements throughout your relationship. This becomes a failsafe case, and you need to take legal action.
How can same-sex couples protect their rights?
Ending a long-term relationship without marriage protections can be challenging. An attorney who knows family law, especially mediation, can help. They can guide you on your legal standing, explore property division options, and draft enforceable agreements. The law may not fully recognize these relationships, but skilled legal counsel protects your interests and works toward a fair resolution.