Common-law marriages are informal marriages where a couple lives together and represents themselves as a
married couple but did not obtain a marriage license or solemnize their marriages. Common-law marriages are only allowed in various states, but if you live in one of these states, your common-law spouse will automatically acquire your possessions when you pass if a Will is not in place.
If Brooke and James decided not to formally marry but met the requirements of a common-law marriage while residing in one of the states where they are recognized, they will need a Will, a Financial Power of Attorney, and a Healthcare Directive/Power of Attorney in place to ensure there isn't confusion in the case of death, a medical emergency or in the event either one of them is incapacitated. If they do not have a Financial Power of Attorney and a Healthcare Directive/Power of Attorney in place, it might be difficult for Brooke or James to get the recognition they needed to act as a spouse to make critical health care and financial decisions. If they do not have a Will in place, they may have to fight to acquire their partner's property.
Creating a Will, financial power of attorney, and healthcare directive/power of attorney that clearly outlines all of their emergency and end-of-life wishes will help Brooke and James, their family, and their assets.
Domestic Partnership or Civil Union
A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life but are not married. Some states only recognize this type of relationship, but the partner usually inherits the property, similar to a married couple.
In the event of your partner's death without a Will, you will be entitled to the same share that a surviving spouse would be. While domestic partnerships are becoming more common, if a partner dies without a Will, the distribution of the assets can get messy legally since there are no marital rights.
Similar to common-law marriage, if Brooke and James decided that a domestic partnership is the best fit for their relationship, they need to be living in a state that recognizes a domestic partnership to receive the benefits of such laws.