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Cohabitation in inheritance rights, absent of a will

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dfitz1960

Junior Member
What is the name of your state (only U.S. law)? NJ

If you live together as a Cohabitation and your partner dies without leaving your name on the will can you legally inherit and of their belongings or property?

What if you lived in a state that recognized Common Marriage and all requirements were met?
 


ecmst12

Senior Member
IF you were common law married, then you would have the same rights as a spouse. If you were merely living together, then you have NO rights to inherit anything.
 

stealth2

Under the Radar Member
NJ does not recognize Common Law Marriage. If ya like it (and want to inherit it)? Ya better put a ring on it.
 

mistoffolees

Senior Member
IF you were common law married, then you would have the same rights as a spouse. If you were merely living together, then you have NO rights to inherit anything.
Not so fast.

NJ has a Domestic Partner Act:
New Jersey Domestic Partner Act | eHow.com

"In order to obtain the benefits of a domestic partnership in New Jersey, the couple must be at least 62 and share a common residence. The couple must also have joint financial arrangements or joint ownership of property. Neither individual can be in a legal marriage or civil union with anyone but the current partner and cannot be third cousins or closer in terms of relation. In order to terminate a domestic partnership, one of the individuals must file the termination with the Superior Court of the State of New Jersey and give notice to the partner."

Here's how intestate succession works in NJ:
New Jersey Intestate Succession Laws

The domestic partner can inherit in NJ.
 

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