South Dakota Cohabitation Forms - Common Law Marriage South Dakota
Use this page to locate and download Cohabitation Agreement Forms or Wills for persons living together but not married. All forms are State Specific.
South Dakota Cohabitation Form Categories Sd Common Law Marriage
Cohabitation Forms FAQ Common Law Marriage In South Dakota
What rights do unmarried couples have?
Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.
How is cohabitation defined?
Cohabitation is generally defined as two people living together as if a married couple. State laws vary in defining cohabitation. Some states have statutes which make cohabitation a criminal offense under adultery laws. Under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation." Another state statute defines cohabitation as "the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common-law marriage." Yet another state, Georgia, defines cohabitation as "dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.
Is it possible for unmarried couple to establish rights as a couple?
Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.
Other legal issues that may be affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or have the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a nonmarital agreement.
In some cases of people who formerly cohabited, courts have found a trust created in property of one person who cohabits with another, whereby the property is deemed held for the benefit of their domestic partner. When there is no formal trust agreement, a resulting trust may still be found under certain circumstances in order to enforce agreements regarding the property and income of domestic partners. If there is evidence that the parties intended to create a trust, but the formalities of a trust are lacking, the court may declare a resulting trust exists. The court may also declare that a constructive trust exists, which is essentially a legal fiction designed to avoid injustice and prevent giving an unfair advantage to one of the parties. This may be based on the contributions made by one partner to the property of the other. Each case is decided on its own facts, taking all circumstances into consideration.
Tips for Preparing South Dakota Cohabitation Forms
Talking about finance and bureaucracy when you're in a relationship is difficult. But the South Dakota Cohabitation Forms is a crucial step that you and your partner need to take if you want to live together without worries about what might happen in the event you two broke up.
- Create a list of the estate and assets, and financial obligations. You should be honest with one another and talk about what you are obligated to pay and own. Include income and estate, and so forth. If you're going to buy a property or auto together, bring this up as well.
- Speak about inheritance. What will happen to all the property if one of the partners passes away? To save yourself as well as your cohabitant from court procedures, include as much as possible in the terms of the inheritance in your agreement.
- Think about your children. Discuss who takes financial responsibility for your children. In case they have another parent who can handle them, you should mention it too and also outline how to use this financial support.
- Find an independent legal advisor. Preparation of a cohabitation agreement doesn't need any unique skills. But it's always better to have a fresh pair of eyes that can examine your record for compliance with common regulation of marriage and so forth. So for every cohabitant, visiting a local lawyer is highly recommended.
- Keep South Dakota Cohabitation Forms up to date. Anything can change as time passes. For that reason, it is crucial to check and expand your cohabitation contract with new specifics.