This is when your relationship status matters

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If you’re in a romantic partnership without the legal tie that binds, you could be setting yourself up for big losses should your significant other pass away.

By Beth Newcomb

For some people, titles matter. Mom, Dad and even Mr. or Mrs. differentiate a person in the eyes of the world. But for others, the idea of claiming a title holds less significance, and they’re content to live without the formality.

However, says Jay Nabors, a Cleveland based attorney who focuses on estate planning, if you’re in a romantic partnership without the legal tie that binds, you could be setting yourself up for big losses should your significant other pass away.

“Ohio does not recognize common law marriages that were entered into after October 10, 1991,” Jay says. “If you have a partner but aren’t married, without a will your assets may not transfer to that person at the time of your death.”

Jay details the story about a woman who purchased a property with her significant other. She put up the down payment and paid the mortgage, he had the title put in his name. They agreed the house belonged to both of them, but when he passed away, the court had a different view.

“Ultimately, the court followed the title and the property went to his heirs, who then removed her from the home so it could be sold,” Jay says. “She was devastated.”

In addition to how property is titled, a will and bank accounts held matter to people who aren’t legally joined, so it’s important to make sure both parties are covered. Jay can do a review to ensure the property you’ve both accumulated goes where it should at the time of you or your significant other’s death.

Jay is a partner with Weston Hurd LLP. He sees clients at the firm’s office in downtown Cleveland, in addition to meeting with clients in Strongsville upon request. Mention this story when you schedule an appointment. House calls and select evening appointments are available.

To reach Jay Nabors of Weston Hurd, LLP, call him directly at 216-687-3205. His office is located at 1301 E. 9th Street, Suite 1900 in downtown Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.