By statute, Georgia law provides that “No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.” See O.C.G.A. § 19-3-1.1.
Still, in In re Estate of Connell, 354 Ga. App. 333 (2020), Kim Garrett asked a probate court to find that she was the common law wife of decedent Sean T. O’Connell after O’Connell’s children filed a petition for letters of administration. After hearing the evidence, the probate court found there was no common law marriage and the Court of Appeals agreed. The evidence it considered was:
The Probate Court found that this evidence was insufficient to prove a marriage. The parties had both experienced difficult divorces and both agreed that neither one of them wanted to experience that again if their relationship soured. They agreed to live together, but not as husband and wife. On appeal, Pritchard’s testimony that O’Connell never planned to get married again was sufficient, applying the any evidence standard, to affirm the Probate Court’s findings of fact. The testimony of Pritchard and her brother supported the trial court’s finding that O’Connell and Garrett lacked the requisite intent to form a marriage.
What is the lesson here? First, in Georgia, there is no such thing as a common law marriage after January 1, 1997. Second, a life partner who is not a spouse is not an heir-at-law and will not share in your estate unless you name him or her as beneficiary under a valid Will. Tom did not have a Will, so Garrett inherits nothing from his estate. If you intend to leave something for a life partner, you should either get married or execute a valid Will naming your partner as a beneficiary. Better yet, do both. Also, if you expect family members to challenge the relationship, you should consider speaking to a lawyer regarding establishing a trust to protect your life partner. Trusts are not subject to challenge in the probate court.
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