Cohabitation Family Laws

Typically, state laws do not create any special legal provisions for unmarried, unrelated people living together. Whether in a relationship or not, the laws generally treat cohabiting people entirely separately.

There are, however, steps that cohabitating couples may be able to take to formalize their relationship without getting married.

Domestic Partnerships & Civil Unions

In some states, civil unions and domestic partnership can offer a legal status similar to marriage for same-sex couples, and, in certain states and under certain circumstances, opposite-sex couples. The benefits, rights, and obligations that come with these statuses will vary.

Some individual cities or counties may have additional ordinances that recognize or allow same-sex civil unions or domestic partnerships.

The legal benefits in many states are the same as or similar to those of a marriage. If you and your partner are interested in entering a domestic partnership or civil union, you can speak with a local family lawyer and learn the benefits of - and any possible restrictions to - entering one today.

Common-Law Marriage

Under common-law, two people may be considered legally married without having a marriage license, certificate or ceremony if they meet a certain set of requirements. Not every state recognizes common-law marriages, and those that do have their own definitions of what constitutes a marriage under common-law.

In some states, couples must self-identify as husband and wife and make public declarations to be identified as married. At least one state only recognizes common-law marriage in issues of inheritance.

The following states recognize common-law marriages in one form or another:

  • Alabama
  • Colorado
  • Georgia (if created before 1/1/97)
  • Idaho (if created before 1/1/96)
  • Iowa
  • Kansas
  • Montana
  • New Hampshire (for inheritance purposes only)
  • Ohio (if created before 10/10/91)
  • Oklahoma (if created before 11/1/98)
  • Pennsylvania (if created before 1/1/05)
  • Rhode Island
  • South Carolina
  • Texas
  • Utah
  • Washington, D.C.

Depending on the laws of the specific state, a couple in a common law marriage may be entitled to all the legal rights as a traditionally married couple. If the relationship ends, you may need to go through a divorce to ensure that the state legally recognizes the end of the common-law marriage.

If you and your partner have questions about how your state law characterizes your relationship, or what benefits or requirements there are to a common-law marriage where you live, connect with a local family lawyer today.

Laws may have changed since our last update. This is for informational purposes only and is not legal advice. Talk to a local family law attorney for the latest information and legal advice on your particular situation.

Legal Agreements & Contracts

In some cases, a cohabitating couple may wish to create a legally binding contract in relation to their financial and living situations.

These types of contracts can be created, but to what degree they are enforced depends on a number of factors, including the terms of the contract and local laws.

Whether the contract is legally enforceable depends in part on contents of it. If the contract is seen to be one-sided or unfair to one party, the courts could rule it void.

If you and your partner are looking to solidify a verbal agreement relating to your cohabitation, it may be best to consult a family lawyer and learn if your agreement may be legally binding, or if the agreement would be unenforceable.

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