Puerto Rico Cohabitation Agreements

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Multi-State
Control #:
US-APP1D
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Description

This document contains general comments on drafting a cohabitation agreement for couples living together without the benefit of matrimony. It also includes a cohabitation agreement and numerous clauses that may be included in the agreement, such as residency, financial support, out-of-wedlock child, and responsibility for housing costs.

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FAQ

But common law marriages are not recognized in Puerto Rico. The requisites of a valid marriage in Puerto Rico are set forth in Article 69 of the Civil Code, 31 L.P.R.A. § 231.

A common law marriage, therefore, may be recognized for immigration purposes if it is legal in the country or U.S. state where the couple lived or currently live and led to the attainment of the same marital rights as are granted to traditionally married couples in that locale.

Where is common-law marriage allowed? Here are the places that recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

When Puerto Rico became a US territory, it incorporated the common law system. This created a mixed legal system in which common law and civil law are blended. This system is what prevails today. Civil law is applied for family law, divorce, child custody, real property law, and contractual law, among others.

Unlike in many other states, cohabitation does not automatically end alimony in Georgia. The rationale in some other jurisdictions is that the person with whom the recipient is cohabitating can support them if need be, so alimony is no longer necessary.

If you have lived together 'as man and wife' for at least two years or if you can show that you were financially dependent on your partner, you can make a claim for a financial settlement even if you were not a beneficiary of the will.

Couples who live together are sometimes called common-law partners. This is just another way of saying a couple are living together. You might be able to formalise aspects of your status with a partner by drawing up a legal agreement called a cohabitation contract or living together agreement.

A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.

By definition, in Georgia, if a couple is merely living together, they are just roommates and there is no legal relationship between the two. However, if the couple is living together while being intimate, this is a meretricious relationship and under Georgia law, they are cohabitating.

Meretricious relationships are defined as a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist.

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Puerto Rico Cohabitation Agreements