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Roger, Attorney
Category: Family Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Submitted: 8 years ago.
Category: Family Law
Expert:  Roger replied 8 years ago.

In Connecticut, cohabitation is a dwelling together of man and woman in the same place in the manner of husband and wife." Wolk v. Wolk, 191 Conn. 328, 332, 464 A.2d 780 (1983). The phrase ‘in the manner of husband and wife' suggests that cohabitation is for all intents and purposes synonymous with marriage, and that cohabitation raises all of the same presumptions regarding the treatment of assets as does marriage. Such an interpretation, however, would essentially transform cohabitation into common-law marriage, contrary to the refusal of this state to recognize such relationships. See McAnerney v. McAnerney, 165 Conn. 277, 285, 334 A.2d 437 (1973) (‘[a]lthough other jurisdictions may recognize common-law marriage or accord legal consequences to informal marriage relationships, Connecticut definitely does not. . . . It follows that although two persons cohabit and conduct themselves as a married couple, our law neither grants to nor imposes upon them marital status' [citations omitted]). ‘[C]ohabitation alone does not create any contractual relationship or, unlike marriage, impose other legal duties upon the parties.' Boland v. Catalano, 202 Conn. 333, 339, 521 A.2d 142 (1987)." Herring v. Daniels, 70 Conn. App. 649, 655, 805 A.2d 718 (2002).

Connecticut does not presently recognize, as valid marriages, living arrangements or informal commitments entered into in this state and loosely categorized as common law marriages. McAnerney v. McAnerney, 165 Conn. 277, 285, 334 A.2d 437 (1973); Hames v. Hames, 163 Conn. 588, 593, 316 A.2d 379 (1972); State ex rel. Felson v. Allen, 129 Conn. 427, 432, 29 A.2d 306 (1942). Only recently this rule of law has been reaffirmed. "In this jurisdiction, common law marriages are not accorded validity. . . . The rights and obligations that attend a valid marriage simply do not arise where the parties choose to cohabit outside the marital relationship." (Citations omitted.) Boland v. Catalano, 202 Conn. 333, 339, 521 A.2d 142 (1987)." Collier v. Milford , 206 Conn. 242, 248, 537 A.2d 474 (1988).

Expert:  Roger replied 8 years ago.
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