Common law marriage is when a couple is considered legally married after they live together for a certain number of years. There are some states that recognize common law marriage but Arizona isn't one of them.
What does that mean for people who have lived together for a while in terms of their estate planning? Well, let's suppose that George and Jane have lived together for 20 years in Arizona. Jane is the only one listed on the title to the house and there is no beneficiary deed in her estate plan. If Jane were to pass away without a will or a revocable living trust naming George as the beneficiary, George would have no legal rights to the house he's lived in for 20 years.
If the house exceeds $100,000 after liens and encumbrances, it would go through the probate process and go to Jane's heirs or the named beneficiary in her will. If George is named as the beneficiary, he would get whatever was left over after Jane's estate expenses (funeral, medical bills, taxes, creditors) were paid. Paying those expenses may include liquidating the house for sufficient cash to pay debts.
Estate planning under these circumstances is crucial if couples who are not married want to leave anything to each other. They should not be confused about common law marriage in Arizona. If a couple moved from a state that recognized common law marriage, Arizona does give full faith and credit to the laws of other states. However, this couple would still have to hold themselves out as being married.
Rather than having to deal with all of the uncertainties that come with living together for several years unmarried, it may be a good idea to consider if marriage is the right decision for you and your partner. Either way, having an experienced estate planning attorney on your side to help you put together a solid estate plan is going to be vital in transferring your assets to your loved ones according to your wishes.
In your estate planning process, it is important to note that Arizona does not recognize common law marriage unless the couple came from a state that recognized common law marriage. Even then it is not certain unless the couple holds themselves out as married.
Common Law Marriages and Estate Planning