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Cohabitation is defined as two individuals that live together and are not married. According to the Utah Supreme Court case of Myers v. Myers, this is when two people are engaged in a romantic relationship and spend most or all of their time living together.
One common myth is that a common-law marriage takes place automatically if a couple has been living together for a certain amount of time. This isn't true. There is no specific time a couple must live together.
Meyers, the Utah Supreme Court stated that for a couple to be cohabiting, they must share a residence and their relationship must have the 'hallmarks' of a marriage. Potential examples of such hallmarks could include: Living as spouses. Sexual intimacy.
Some things that might give a picture of cohabitation or provide hallmarks could include;Shared financial responsibilities.Lack of financial independence.Help with maintenance on a home or residence.Living as Husband and Wife.Sexual Contact or intimacy.Shared Assets.Shared Meals.Shared Decision Making.More items...?
Utah happens to be one of the states that does not recognize a domestic partnership. This can make things difficult for a couple who have been living together for many years basically as a married couple and have decided to go separate ways.
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed.
Two fairly inexpensive and easy ways of proving a spouse is cohabitating are filing a public records request and using the power of the subpoena. Public Records Request I typically make records request for the address in question from all law enforcement agencies in that jurisdiction.