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Questions about Cohabitation Laws

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What is cohabitation?

Cohabitation is where two people live together without marriage, and have a relationship as if they are married. In most states, it is legal for unmarried people to live together, although some zoning laws prohibit more than three unrelated people from inhabiting a house or apartment. A few states still prohibit fornication, or sexual relations between an unmarried man and woman. However, such laws are seldom enforced. When cohabitation and the law are in the same sentence, if can often lead to many questions. Below are a few of the questions about cohabitation, answered by Family Lawyers on JustAnswer.

What is legal cohabitation?

A legal cohabitation is a living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. In legal cohabitation, a cohabitation couple does everything a married couple would do. The only thing that separates the two is usually the fact that there is no marriage certificate or marriage ceremony. Legal cohabitation normally does not give legal rights to your partner's finances or property nor does it give social security benefits in the case of a death of one of the couples.

What is the meaning of cohabitation and alimony in Tennessee

In the state of Tennessee there is no anti-cohabitation law. Cohabitation is based on physical evidence which consists of: two people sharing the same address, listed at the local post office as living together, actually living in the same place, sleeping in the same bed room or bed, who pays the rent, how they describe their relationship to other people, etc. Basically how much time they spend together — if they spend more than 30% living together or sharing time overnight — gives evidence that they are cohabitating.

In South Carolina does cohabitation and alimony change the final divorce statement?

Alimony can be terminated if there is cohabitation with someone that is not family, if the judge so decides. Many judges see that cohabitation is a reason to terminate the alimony because there is a source of support in spite of not marrying again.

If someone has signed a non cohabitation agreement and rents out a room in their house is that still considered cohabitation?

If you rent out a room, then you need to make sure that you have a renter’s agreement written down, and retain all receipts from rent to all other bills, to show that you are renting out the room, and it is not a relationship or cohabitation.

In today’s society, couples cohabit, rather than marry, for a variety of reasons. They may want to test their compatibility before they commit to a legal union. They may want to maintain their single status for financial reasons. In some cases, such as those involving gay or lesbian couples, or individuals already married to another person, the law may not allow them to marry. In other cases, the partners may feel that marriage is unnecessary. When cohabiting couples separate, division of assets often becomes a contentious issue. Family Lawyers on JustAnswer can provide insight on your questions regarding cohabitation.
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