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When a couple lives apart but remains legally married, they may be considered separated. Separation can occur for various reasons, and it does not end the marriage. If your situation changes, including cohabitation with another partner, consider a Florida Agreement Between Parties Living Together but Remaining Unmarried to define your new relationship and clarify legal standings.
A Florida law that banned unmarried couples from living together dating back to post-Civil War Reconstruction is no more. Gov. Rick Scott signed SB 498 which repealed a law that made it a misdemeanor if any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together.
Florida law recognizes that unmarried cohabitants may agree to enter into an enforceable contract that establishes rights and responsibilities towards each other: as long as it is clear there is valid, lawful consideration separate and apart from any express or implied agreement regarding sexual relations.
A Florida law that banned unmarried couples from living together dating back to post-Civil War Reconstruction is no more. Gov. Rick Scott signed SB 498 which repealed a law that made it a misdemeanor if any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together.
Also referred to as domestic partnership agreement, a cohabitation agreement in Florida is a legally binding document founded on contract law that establishes financial stability before a couple decides to move in together and combine their life and assets.
Although there is no legal definition of living together, it generally means to live together as a couple without being married. Couples who live together are sometimes called common-law partners. This is just another way of saying a couple are living together.
However, Florida's laws are very clear on common law marriage. Florida statute §741.211 makes common law marriages void in Florida. The statute says that any common law marriage entered into after 1967 is invalid.
Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements.
In some instances, the cohabitation period can be as little as three years or as long as seven years. It varies by jurisdiction. Florida has no such requirement. Today, only a handful of states still allow common law marriages to take place.
Remember that in just about every state, having both names on the deed to the house creates a legal presumption that you are 50-50 owners, and anyone claiming a different percentage has to prove the existence of an agreement saying so (often in writing).