Common-Law Marriage in Connecticut: What a Family Lawyer Wants You to Know About Your Rights and Claims

🚫 No Common-Law Marriage in Connecticut

Many people mistakenly believe that living together for a certain number of years can lead to a common-law marriage. However, Connecticut does not recognize common-law marriage. This means that no matter how long a couple cohabitates, they do not acquire the legal status of a married couple unless they formally marry.

📜 Legal Rights for Unmarried Couples

Even though Connecticut does not recognize common-law marriage, unmarried couples may have legal rights under contract law, property law, or family law. If you cohabit with your partner, consider these legal strategies:

✔ Cohabitation Agreements – These contracts outline property rights, financial responsibilities, and asset distribution in case of a breakup.
✔ Property Ownership – When purchasing property, ensure both partners’ names are on the deed if you want equal ownership rights.
✔ Estate Planning – Without a legal marriage, a surviving partner does not automatically inherit assets. A will or estate plan can protect your partner’s interests.

🏡 Property and Asset Division

Unlike divorcing married couples, unmarried partners in Connecticut do not have automatic rights to their shared assets. Property division is usually determined by ownership status:

💡 Jointly Owned Property – If both names appear on the title, each party generally has equal rights to the property. If a dispute arises, partition actions may be necessary.
💡 Individually Owned Property – Assets registered to one person remain theirs after separation unless the other partner proves financial contributions or agreement on ownership sharing.
💡 Financial Contributions & Reimbursement Claims – If you financially contributed to an asset titled under your partner’s name, you may have grounds to claim reimbursement under an unjust enrichment or constructive trust claim.

🍼 Parental Rights and Child Support

Parental rights and responsibilities apply regardless of marital status. In cases involving children:

👶 Child Custody & Visitation – Courts prioritize the child’s best interests when determining custody and visitation rights. Parents can establish custody agreements through negotiation or court proceedings.
💵 Child Support Obligations – The noncustodial parent may be required to pay child support based on Connecticut’s Child Support Guidelines. Paternity establishment is essential for enforcing support obligations if parents are unmarried.

💰 Financial Support & Palimony Claims

Unlike alimony in divorce cases, Connecticut law does not guarantee financial support for unmarried partners after separation. However, in some cases:

⚖️ Palimony Claims – If one partner was financially dependent on the other and there was an agreement (express or implied) for lifelong support, the dependent partner may attempt to claim palimony through court action. Such claims are difficult to prove and require strong evidence, such as written agreements or testimonies on verbal commitments.
📝 Unjust Enrichment & Promissory Estoppel – If one partner provided financial support under the belief that they would receive benefits (such as housing or inheritance), they may argue unjust enrichment or promissory estoppel to seek compensation.

🛠️ Strategies to Protect Your Rights

If you are in a long-term relationship without formal marriage, here are some legal strategies to safeguard your interests:

✔ Draft a Cohabitation Agreement – This can define property ownership, financial obligations, and asset distribution in case of separation.
✔ Keep Financial Records – Document shared expenses, investments, and financial contributions towards major assets like homes or businesses.
✔ Consider Power of Attorney & Health Directives – To ensure your partner can make medical or financial decisions if something happens to you.
✔ Review Beneficiary Designations – Ensure your partner is named as a beneficiary where intended (e.g., retirement accounts, life insurance policies).

📞 Seeking Legal Assistance

Navigating legal matters as an unmarried couple can be challenging. Consulting with a family law attorney can provide:

💡 Personalized Legal Advice – Based on your unique circumstances and future plans.
📄 Contract Drafting & Negotiation – Ensure agreements like cohabitation contracts or wills are legally sound and enforceable.
⚖️ Litigation Support – In cases involving property disputes, child custody, or financial claims, legal representation can protect your interests.