Cohabitation is rather popular in Utah. This type of living arrangement lets two people get acclimated to each other’s quirks, living habits, and general hygiene or eating styles. When cohabiting turns into years of living, but you’re choosing for whatever reason not to formally marry, you may wish to look into having the Utah courts recognize your marriage ‘as if’ you were never anything but.
Emy A Cordano, the go-to Draper common law marriage attorney of Salt Lake County, knows how important being married is to the fabric of society, especially when children have been conceived in your union. When it comes to having Utah courts recognize your union as a marriage, the laws can get tricky.
How Common Law Marriages Work in Utah
For Utahans, the Meyers vs Meyers case clearly defined what courts found must happen before they’d consider cohabitations as ‘marriages of fact’. As the term ‘common law marriage’ in Utah is absent from legal paperwork, ‘cohabiting’ is what courts go by.
Not all cases will be simple, but I’m here to help navigate your personal situation to make sure you meet all standards of proof. For example, to establish marriage from cohabitation, couples must show ‘all the hallmarks’ of marriage, which include:
Shared finances, including accounts or mortgages
Jointly own other assets
Both individuals must be able to have free access to the property
Decisions must be made as one
The union must have been consummated
Having someone stay with you every weekend and enjoying intimacy is not considered cohabitation under Utah law. One must actually have lived with another for whatever period it takes to meet all components of cohabitation established by law.
So, if couples are basically never truly recognized as ‘common law’ or given marriage licensure, what’s the purpose of even wanting to have courts recognize unions as marriages? As your Draper common law marriage attorney, I’ll guide you through the main reason people do this: separation.
Recognizing Relationships Just to Divorce?
Many people who’ve been together for years may finally end their relationship. When this happens, the issue of dividing property and assets exists. Emy A. Cordano gets many situations where folks simply need to divide property and establish alimony after their relationship ends.
I can help couples establish recognition of their union, help with the divorce process, even help people who want to receive alimony from their union to file and receive it. The process may seem difficult, but I’ve done numerous cohabitation cases like this. It’s more common in Utah than you believe.
Also, under Utah Code Section 30-3-5(10), alimony terminates once another person cohabits under Utah law, or officially gets married to another. I can help stop these payments and make sure the union is legally terminated before you move on.
Our Draper common law marriage attorney is ready to help you with all cohabitation, alimony, or other legal issues that may arise from your union. Consult with me, Emy A. Cordano, today and let’s get your union turned into a marriage.