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When unmarried couples split in Georgia, the division of property depends on ownership and what both parties agreed upon. If both partners' names are on the title, they may need to negotiate who stays in the home or how to sell it. A well-drafted Georgia Cohabitation Agreement for Unmarried Partners can outline property rights and help avoid disputes during a breakup.
This is not often the case for couples who live together but never married. In many situations, one party may own a home prior to the relationship and, during the course of the relationship, the other party may move into that home. However, the cohabitation does not change ownership of the home.
Cohabitation is when two people are living together as a married couple but are not legally wed. In some states, cohabitation can actually be prosecuted as a violation of adultery laws. However, in Georgia, that is not the case.
A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony. Georgia doesn't have a common law marriage, however Georgia does recognize common law marriages that occured in other states.
Domestic partnership is not available statewide in Georgia. Rather than being authorized under the Georgia Code, it is, instead, up to individual cities and counties within the state to decide whether to offer it and to create the rules and regulations governing these agreements.
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 contract in a common law marriage is the agreement of the parties to be husband and wife and that they hold themselves out to be married in the public's eye. Consummation of the marriage refers to cohabitation, but there is no set length of time that the couple must live together.
The contract in a common law marriage is the agreement of the parties to be husband and wife and that they hold themselves out to be married in the public's eye. Consummation of the marriage refers to cohabitation, but there is no set length of time that the couple must live together.