Cohabitation, or living together without being married, has become increasingly common in Western countries since the late 20th century. While cohabitation is not legally recognized as marriage in most states, some states recognize common law marriage, which is a type of marriage that is recognized when a couple lives together for a period of time and presents themselves as being married, but without ever going through a formal ceremony or getting a marriage license. In this article, we will explore the concept of cohabitation, the criteria for common law marriage, and the implications of living together without being married.
Concept of Cohabitation
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Cohabitation can be seen as a way of testing the waters before getting married, or as an alternative to marriage altogether. Cohabitation can also be seen as a way of sharing expenses and living costs.
Criteria for Common Law Marriage
Common law marriage is a type of marriage that is recognized in some states, in which a couple lives together for a period of time and presents themselves as being married, but without ever going through a formal ceremony or getting a marriage license. Each state has its own specific requirements for what constitutes a common law marriage. Here are some common criteria:
Cohabitation: The couple must live together in one of the states that recognize common law marriage.
Intent: The couple must intend to be married and hold themselves out in public as a married couple.
Time: The couple must live together for a significant period of time, which varies by state.
Commingling of finances: The couple must commingle their finances, such as by sharing bank accounts or paying bills jointly.
Children: The couple must have children together or present themselves as a family unit.
Tax returns: The couple must file joint tax returns.
It is important to note that no single factor is determinative, and courts will look at the totality of the circumstances to determine whether a common law marriage exists.
Implications of Living Together Without Being Married
Couples who live together without being married do not have the same legal rights and protections as married couples. Here are some implications of living together without being married:
Inheritance: If one partner dies without a will, the surviving partner may not be entitled to inherit their assets.
Property rights: Unmarried partners do not have the same property rights as married couples. Property acquired during the relationship is generally considered separate property.
Medical decisions: Unmarried partners may not have the right to make medical decisions for each other if one partner becomes incapacitated.
Taxes: Unmarried partners cannot file joint tax returns, which can result in higher taxes.
Social security: Unmarried partners may not be entitled to social security benefits based on their partner’s earnings.
Conversations to Have Before Cohabitation
Before moving in together, it is important to have conversations about your expectations and goals for the relationship.Here are some recommended questions for discussion:
1. What are your expectations for the relationship?
2. What are your long-term goals?
3. How will you divide household chores and responsibilities?
4. How will you handle finances?
5. What are your expectations for privacy and personal space?
6. How will you handle conflicts and disagreements?
7. What are your expectations for the future of the relationship?
Having these conversations can help partners establish clear expectations and avoid misunderstandings down the line.
Conclusion
Cohabitation, or living together without being married, has become increasingly common in Western countries. While cohabitation is not legally recognized as marriage in most states, some states recognize common law marriage. Couples who live together without being married do not have the same legal rights and protections as married couples, which can have implications for inheritance, property rights, medical decisions, taxes, and social security benefits. Before moving in together, it is important to have conversations about expectations and goals for the relationship.