Unmarried Couples and Property Rights in Pennsylvania After the End of Common Law Marriage

For decades, Pennsylvania recognized common law marriage. Two people could simply live together as husband and wife, and the law would treat them as married. Then in 2005, that stopped. Act 144 of 2004 abolished common law marriage effective January 2, 2005. Under 23 Pa.C.S. § 1103, the statute is explicit: “No common-law marriage contracted after January 1, 2005, shall be valid.”

This matters more than you might think, especially if you’ve been in a long-term relationship or are planning one.

What Changed

If you and your partner married by common law before January 2, 2005, that marriage is still valid. You have all the legal rights of a formally married couple: property division if you separate, spousal inheritance rights, the ability to sue for wrongful death.

But if you started or continued your relationship after that date without a formal ceremony, you are not married in the eyes of Pennsylvania law, no matter how long you’ve lived together or how committed you are to each other. And that creates real legal gaps.

The Rights You Don’t Have

As an unmarried partner, you have no automatic right to equitable distribution of property when the relationship ends. That’s a divorce remedy, and you can’t divorce if you were never married. 23 Pa.C.S. § 3502 governs equitable distribution, but it applies only to spouses.

You have no intestate succession rights. Under 20 Pa.C.S. § 2102, if your partner dies without a will, their assets pass to children, parents, or other relatives, not to you. You inherit nothing unless you’re specifically named in the will. And if there is no will and you have no legal claim, you may have to watch family members you’ve never met receive everything.

You cannot elect against the will (§ 2203). A surviving spouse can reject an unfavorable will and claim the share the law would have given them anyway. You have no such right.

You have no automatic right to make medical decisions for your partner if they become incapacitated. You may not be able to visit them in the hospital. You cannot authorize treatment or decide to withdraw life support. That authority goes to family members, whether or not you’re the person closest to them.

You cannot sue for wrongful death if your partner is killed through someone else’s negligence. Only a surviving spouse can bring that claim.

What You Can Do About It

The law doesn’t leave you helpless, but it does require deliberate action. Married couples get legal protection automatically. You have to build it manually.

A cohabitation agreement is a contract that spells out property rights, financial responsibilities, and what happens if the relationship ends. These are enforceable in Pennsylvania. You can agree on how to divide property, who owns what, and what happens to shared assets.

You can hold property as joint tenants with right of survivorship. When one owner dies, the property passes automatically to the surviving joint tenant outside of probate and completely bypasses any will.

You can create a will or trust naming your partner as beneficiary. This is straightforward and effective.

You can execute a power of attorney (both financial and healthcare) naming your partner as your agent. This gives them actual authority to act on your behalf if you’re incapacitated.

You can complete beneficiary designation forms for retirement accounts, life insurance policies, and payable-on-death accounts. These pass directly to your named beneficiary and are not subject to probate or claims against your estate.

Why This Matters in Practice

The gap between married and unmarried couples is real. A married person who doesn’t plan gets legal protections anyway. An unmarried person who doesn’t plan gets nothing. You have to be intentional.

Many couples don’t realize the issue until something goes wrong. A sudden death, an injury, a falling-out with family members. These events expose how much the absence of legal status actually costs.

If you’re in a committed unmarried relationship and want to protect each other, you need to take action now. It’s not expensive, but it is necessary.

If you want to protect yourself, call us. We handle the family law and estate planning sides together so nothing falls through the cracks. Ballow & Lynde, 1200 Veterans Highway, Suite B-3, Bristol, PA 19007, (215) 949-0888, lawyermarc.com.

Need help protecting your rights as an unmarried couple? Ballow & Lynde represents clients throughout Bucks County in family law, estate planning, and real estate matters. Schedule a free consultation or call us at 215-949-0888.

Related Practice Areas:

• Real Estate
• Estate Planning
• Family Law
• Unmarried Couples’ Rights & Obligations