Many of us know couples who have lived together for so long that it is assumed they are married. But if they aren’t legally wed, what happens when one of them is in a coma in the hospital? Or, tragically, one of them dies? What do Ohio laws have to say about the surviving partner? This is not a comprehensive post about ALL the laws regarding domestic partners, but it provides some highlights that individuals in these relationships should know. In Ohio, domestic relationships are governed by various laws that outline the rights and responsibilities of individuals within those relationships. First, as a baseline, most of us know that married couples have rights related to property, inheritance, medical decisions, and other legal matters in Ohio.
The State of Ohio no longer recognizes common law marriages unless contracted prior to October 10, 1991. So, just living together for many years doesn’t change things.
It’s important to note that the State of Ohio does not have specific laws regarding domestic partnerships at the state level. However, it’s worth exploring whether your local jurisdiction provides any rights and benefits to partners, such as health insurance or hospital visitation rights. Understanding the legal landscape is the first step in protecting your rights as a domestic partner.
If the couple has children, the best interests of the child are the primary consideration when it comes to the state’s laws that govern such things as custody, visitation, and child support whether the couple is married or not.
When it comes to property rights, when a spouse dies, the surviving spouse inherits the home, etc. In domestic relationships, that is not the case. Let’s say John and Mary have lived together for 20 years in a domestic relationship. The house, originally John’s, has remained in his name. Mary may have contributed to its mortgage payments, maintenance, etc. Still, if they do not establish legal documents stating otherwise if John dies, the house will automatically go to his closest relatives, such as children. Mary could be out on the street, literally.
In the case of a medical emergency, unless a healthcare directive has been legally drafted (or if the couple lives in a certain local jurisdiction that allows it), if one of them, John or Mary, is in the hospital in a coma, the other may not be allowed in to visit. And certainly not to make medical decisions even when they know what the other would want at that point.
Given the complex legal landscape surrounding domestic partnerships, it’s crucial for partners to consult with an estate planning attorney. These professionals can help draft essential legal documents such as power of attorney, healthcare directives, living will, and a will that specifies asset distribution. This expert guidance is invaluable in protecting the rights and interests of both partners.
In summary, most rights afforded to married couples are not afforded to domestic partners – it is up to the couple to take the initiative to establish what they want to happen during medical emergencies or when they die. If you are in this situation, I would be happy to help you protect your loved one. Call me at 513-399-7526 or schedule a consultation through my website at www.davidlefton.com