Divorce or Live Together

Sometimes you’re not sure you want to get married because it may end up in divorce. Sometimes you think it’s just better to live together. You know, the decision to move in together should not be taken lightly for many reasons. Even if you never get married, your relationship could be determined to be a marriage like relationship. Whether it’s a young couple deciding to save money on rent or a longtime unmarried couple raising kids together, legal complications regarding money, property and lease obligations often arise, particularly if the “cohabitation” arrangement goes south. Even if things go well, there are legal complications which can crop up such as whether or not cohabitants can play a part in their partners’ medical or financial wishes in the event of sickness or emergency. Whether you already live with a partner or are considering moving in together, you’ll be well served by learning the legal basics of living together. Below you can find an array of resources –common mistakes to avoid, details on medical and health directives for people living together, tips for unmarried couples raising children while living together and more.

Marriage vs. Living Together

Not all couples wish to marry and would prefer to simply live together. Couples who make this decision would be wise to learn the benefits and drawbacks of cohabitation vs. marriage.

Marriages are entered into through a process set out by the state. They are created and extinguished through court processes that have particular requirements and may generate expenses. Cohabitation has no particular requirements and can be begun or ended at any time.

Divorcing couples must divide their property under rules set out by the law and the wealthier spouse may be required to financially support their ex. Cohabiting couples can divide their property however they wish when they split, but the lack of legal guidelines can lead to conflict and unfair results. Neither party is normally responsible to support the other following a split, no matter how different their finances are.

Spouses can make important health decisions and have the right to inherit property. Cohabiters have no rights without a document granting power of attorney and don’t inherit unless the deceased’s will specifies that they should.

Children born in marriage have their parentage presumed and the support of children is directed by law before and after a divorce. Children born in cohabiting couples do not have paternity presumed. Without establishing paternity there are no legal obligations for support during or after cohabitation.

If you’re going to live together…

Unmarried couples living together face issues that are different or nonexistent for married couples. If the relationship ends poorly there can be many complications that exist when a married couple divorce, but none of the legal protections. Making careful decisions about cohabitation can eliminate some of the more troublesome concerns before they develop. Financial clarity can be helpful, including entering into a cohabitation agreement that outlines the financial and other rules of the relationship so that both parties are clear about the arrangement. Titles and finances should be kept separate and accurate records of the parties’ contributions to each other’s property should be kept. Gifts or loans should be clearly labeled accordingly.

Avoid commingling assets, allowing a partner to hold sole title to property you own together, or cosigning loans for your partner’s benefit. This means don’t put your significant other on your bank accounts, 401(k) or other financial accounts. Don’t hold yourselves out to the public as married or become financially dependent on your cohabitant. This means don’t tell people you are married. Don’t even joke about it. These sorts of actions can create legal and practical complication if the relationship ends.

Living Together Lawyer Free Consultation

When you need legal help dividing up assets or resolving issues after living together with someone, please call Ascent Law at (801) 676-5506. We will help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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