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LawHelpNow, Attorney/Lawyer
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What is the legal definition of Cohabitation? What issues must

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What is the legal definition of Cohabitation? What issues must exist to prove cohabitation?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawHelpNow replied 2 years ago.
Hello and thanks for choosing Just Answer®:

 

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  4. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.

  5. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.

 

To provide you with accurate information, could you please clarify this point:

     

  1. Can you provide some details about the type of case (context) -- i.e. criminal case, family law alimony dispute, etc.?
Customer: replied 2 years ago.
Family Law. Fiance's husband does not want her to cohabitate with anyone or he will ask the court to cease her alimony. We are not living together, but I do visit her a number of times per week and stay over. We have used a calendar for the past 18 months to notate those days when I return to either my home or my son's appartment in another state. I usually return home at least two days a week and I travel for my business often. When I travel, I leave my car at her residence and travel with my partner who is located about 1.5 miles away. This is closer than my home which is over 50 miles away. I have asked her to marry me and she has accepted, however, we have not set a date as I have a house in another state that I have to sell. Her husband believes that since we have been engaged for over a year, he should not be forced to pay alimony and has since filed an action in court to cease her alimony based on what he believes to be cohabitation. We do not intermingle any finances, she pays her bills, and I pay mine. I have stored some items at her house as I am intending to move in when I get married. Her daughter has stated that she believes we are living together because I am always here when she comes over and she is prepared, if asked, to state this. Problem is that she has only been here about 4 times in the past year.
Expert:  LawHelpNow replied 2 years ago.

Hello and thanks for choosing Just Answer®:

 

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

 

My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:

 

  1. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.

  2. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.

  3. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.

  4. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.

  5. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.

 

Thanks for your patience in writing back and awaiting the formulation of my answer!

 

QUESTION: "What is the legal definition of Cohabitation? What issues must exist to prove cohabitation? If I want to prove someone is cohabitating, what must I prove?"

 

ANSWER: I am pleased to say that there is a rather recent case providing some solid guidance on this very topic. O'Hara v. Vuturo is a 2005 holding in the context of a family law alimony dispute. The case discusses the application of the statutory legal definition afforded by virtue of Code of Virginia § 20-109(A). To access the case and the statute, please just click on each link to be taken directly to the applicable text. In my estimation, these are the two best places to turn for your search.

LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7592
Experience: Relax. Let's work together. Practical solutions.
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