The Non-Marital Cohabitation Agreement helps clarify what is expected of each party. It contains provisions relating to expenses, assets and what happens if the parties discontinue the living arrangement, including ownership and division of property acquired during the course of the relationship.
South Carolina Cohabitation With Spouse
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Non-Marital Cohabitation Agreement: Many disputes can arise from forming a living arrangement with another person. Expectations are often not clear causing disharmony and other problems.
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How to fill out South Carolina Non-Marital Cohabitation Living Together Agreement?
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FAQ
The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement.
Cohabitation ? The parties must cohabitate (live together). Present Intent to Be Married ? There must be an agreement (formal or informal) and an intent to be married. Reputation ? Both parties must hold themselves out to the public as husband and wife.
What to include in a cohabitation agreement: Individual assets which belong to each party ? savings, investments etc. Shared assets and debts ? joint property and/or mortgages & loans. The intention of how assets and debts should be divided if the cohabiting relationship ends.
Building a solid case with effective evidence ? Records of vehicles visiting the premises you believe cohabitation exists. ? Covert surveillance including image gathering. ? Background checks on the parties involved. ? An asset and financial check.
This ?present intent? to be married is generally proven by evidence proving that the parties were cohabitating, and holding themselves out, publicly and privately, as married. The parties must cohabitate for some period of time; however, there is NO time requirement of 7 years, as often wrongly believed.