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Saturday, February 17, 2024

Consulting An Attorney If You Can't Legally Marry

If we had relationship rights for all, including full marriage equality, so many of the troubles facing so many people would go away.

But we don't have that yet.

So people in certain relationships face discrimination ranging from employment and housing discrimination, to denial of the freedom to marry, to imprisonment.

In the US, the people who help you with matters of law are called lawyers or attorneys. Other terms might be used in other countries.

In the US, you still can't be legally married to more than one person at the same time, and you can't be married to someone who is "too closely" related to you. (How close is "too close" varies by state.)

If you are in such a relationship, you can still have certain things similar to being legally married, such as:
  • shared financial accounts and investments
  • shared purchases, ownerships, and sales
  • sharing a residence
  • beneficiary or reciprocal beneficiary status
  • hospital visitation
  • being able to make decisions for one another should one of you become unable to communicate or dementia, memory loss, or mental illness necessitates someone else make decisions on your behalf
Without being legally married and without having paperwork that says otherwise, partners are not treated as next of kin or survivors; a biological or legal relative, even if estranged, indifferent or hostile will usually be considered next of kin, be able to make medical decisions, exclude partners from hospital visits, and claim ownership of the person's estate when they pass.

It might be worth it for you and your partner(s) to consult a family law and/or estate planning attorney. A good attorney can come up with the paperwork that will allow you to be responsible for each other, before and above anyone else.

DO NOT tell the attorney, no matter how kind and trustworthy, you’re lovers. They don’t need to know that and it can only cause problems. Rather, explain what it is you want, which might involve joint ownership or control of something financial, “power of attorney,” "medical power of attorney," reciprocal beneficiaries, and whatever else. Explain you want to be able to make decisions for each other and visit each other, before/above anyone else. You want to be considered primary next of kin to each other, you want custody of your minor children to go to each other in the event one of you passes - if that's what you want.

Over the years, some partners have used adoption, with one partner legally adopting their adult partner(s).

What options work best for you and your partner(s) can be determined if you hire a good lawyer. Lawyers aren't cheap, but depending on what you want, their help can be worth it.

Keep in mind that in situations in which genetic relatives were raised apart, they are often not considered family for things like inheritance, but are still treated like family when it comes to prosecuting them for being together. That is just one example of why they might need the help of an attorney and yet shouldn't tell the attorney if they are lovers.
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4 comments:

  1. I just wanted to give a shout out to this site and all the people on it, after searching for a while for something similar I finally found this place with so many good articles

    I myself am a man who experienced a consanguinamory relationship with my sister and I can say how beautiful and exciting it is, even natural, I recommend it to everyone

    ReplyDelete
    Replies
    1. Hi, are you and your sister a couple or is it was it family with benefits?

      Delete
    2. we started as a family with benefits, then we grew into a loving couple, then we returned to family with benefits and then unfortunately we broke up

      Delete
  2. My father and I couldn’t marry obviously but also because gay marriage wasnt legal where we lived in the 80s. Over the years we successfully lived our life in the “shadows”. We had the necessary power of attorney docs, drafted wills, ensured that whatever happened, neither of us would be screwed out of a home ot bank account. It’s doable, not easy, but it made it so Dad and I could live our lives a bit more comfortably

    ReplyDelete

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