Sometimes your marital status matters

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If you’re in a romantic partnership without the legal tie that binds, you could be setting yourself up for big losses should your significant other pass away.

By Beth Newcomb

For some people, titles matter.

Mom, Dad and even Mr. or Mrs. differentiate a person in the eyes of the world. But for others, the idea of claiming a title holds less significance, and they’re content to live without the formality.

However, says attorney Linda Nabors, who works with her husband, Jay, at Nabors & Nabors Ltd., the Strongsville-based law firm where attorney John J. Urban is of counsel, if you’re in a romantic partnership without the legal tie that binds, you could be setting yourself up for big losses should your significant other pass away.

“Ohio does not recognize common law marriages that were entered into after October 10, 1991,” Linda says. “If you have a partner but aren’t married, without a will your assets will not transfer to that person at the time of your death.”

Linda details the story of one couple that had lived together for 18 years. They owned property, vehicles and a home together. They acted like a married couple in every way, without the legalities.

“When the man passed away, his partner assumed she would get the house. He didn’t have a will so all of his assets went through probate. Ultimately his children were the beneficiaries of everything and she had to move out of the house so it could be sold.”

In addition to a will, how property is titled and bank accounts held matter to people who aren’t legally joined, so it’s important to make sure both parties are covered. Linda and Jay can do a review to ensure the property you’ve accumulated goes where it should at the time of either person’s death.

Nabors & Nabors offers Mimi readers a free legal services consultation in person or on the phone, with services at a contracted discount rate. Mention this story when you schedule an appointment. House calls and select evening appointments available.

To reach the attorneys at Nabors & Nabors Ltd., with John J. Urban of counsel, call 440-846-0000, ext. 227. The offices are located at 11221 Pearl Road, in Strongsville. Visit the website at Nabors-Law.com.