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.
Virginia Cohabitation Agreements
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FAQ
Cohabitation refers to living with a non-marital partner with which there is an intimate, personal relationship. California law does not provide a standard definition of cohabitation, but for the purposes of modifying or terminating alimony, the cohabitating couple must have financial interdependence.
A cohabitation agreement is often used when two parties are in a romantic relationship and living together, but do not have any intention in the foreseeable future of getting married. The reason it is used in Virginia is because Virginia does not recognize common law marriages.
Virginia does not allow for the creation of a common law marriage based on cohabitation, or in general. The Court held in Murphy v. Holland that common law marriages contracted in the state are not considered to be legally binding or recognizable.
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.
Unfortunately, Virginia law offers no real protection similar to what married couples receive, even if you lived together for years and commingling accounts. This could have very negative consequences for couples who have opted not to marry.
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.
Virginia does not allow for the creation of a common law marriage based on cohabitation, or in general. The Court held in Murphy v. Holland that common law marriages contracted in the state are not considered to be legally binding or recognizable.
The Court stated that to cohabit requires living together in the same house as married persons live together, or in the manner of husband and wife. The Court found that Brennan and Baker lived together for years and saw their arrangement as permanent or indefinite.
