While the marriage rate is at its lowest level in four decades, cohabitation between non-married partners has increased by 1,150 percent in that same time! The trend could be the result of 20- and 30-somethings being disillusioned by their parents' divorces, an exercise in freedom from the rules and regulations of marriage, or cold weather (Alaska has the highest percentage of unmarried couples living together). Regardless, shacking up is a rising trend. And nearly half of all couples live together for some period of time before walking down the aisle.
Webster's dictionary defines cohabitation as "living together as or as if husband and wife." In recent years, this concept has expanded to include any two partners who have integrated their residence, property, and daily lives. It's often seen as a starting point for people headed toward marriage, but can also be a final destination for couples not wanting the social, personal, and legal commitment that marriage represents.
There are a couple of critical factors that must be understood if you're considering cohabitation:
Know Your Rights . . . or Lack of Them
Even though you may regard your partner as a family member, the law usually doesn't, so, as a result, your partner may not be taken care of in the manner in which you intend. For example, if you die without a will, your property will generally be passed to your next-of-kin, not your partner.
Paradoxically, the law may provide certain benefits for your partner that you had no intention of giving to him or her. Today, some courts are using equitable doctrines to apportion assets between cohabitants to prevent hardship and injustice. However, since these doctrines are vague, they are difficult and expensive to prove. It only makes sense that you actively manage your situation and define your own partnership through a legal contract. Talk with your roomy and a lawyer about both of your expectations for the relationship to determine if a cohabitation agreement is a good choice. Common Law Marriages Aren't Common The difference between cohabitation and common law marriage is critical. If you're a cohabitant, you are legally considered single; if you are common law married, you're legally considered married to the same degree as if you had a ceremony. So how do you know if you are married in the eyes of the law? Common law marriages are only recognized in certain states, including the District of Columbia, Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. Generally, in order to qualify as a common law marriage, you and your partner must agree either orally or in writing to enter into a husband/wife relationship and you must actually acquire a reputation as a married couple.
If you and your partner live in any of the states that recognize common law marriages and don't want the state to consider you as married, you may be a candidate for a contract that would establish your relationship as cohabitants. This is important since a common law marriage is treated no differently than a ceremonial marriage, which would therefore entitle the surviving spouse to receive statutory benefits or a share of the deceased spouse's estate in the event of death, even if that's not what you had anticipated. Common law marriages are typically limited to heterosexual couples. The significant period of time that couple must be existing in a marital-like situation is rarely defined and differs from state to state.
Source: Relationships & Love
