Living Together Unmarried: Legal Complications

Many couples choose to cohabitate rather than legally marry. While these couples may share their lives and finances in the same way that spouses would, there are certain legal complications that can arise should they choose to part ways. Under Utah’s cohabitation laws, unmarried partners ending a relationship do not have the same legal rights as spouses in divorce. However, partners who have resided together for a substantial amount of time may be able to request that the court recognize the relationship as a marriage for several different reasons, such as to address property division and other issues.

Key Takeaways

Legal Considerations for Living Together Unmarried

While marriage is an economic relationship as much as an emotional one, married couples have certain legal rights in divorce that protect their financial interests. These rights focus on equitable distribution of assets acquired by either spouse during the marriage, division of marital debts, and alimony (depending on the situation). Without a formal agreement, unmarried partners do not have automatic property rights. In addition, an unmarried partner does not have the legal right to make medical decisions for the other partner, or inherit their partner’s property when they pass.

Unmarried couples should exercise caution when sharing finances as joint bank accounts and large purchases can create complex legal disputes upon separation. Importantly, since unmarried partners are not legal heirs as spouses are, cohabitating couples should be diligent about estate planning. Unmarried partners should consider including each other in their wills, trusts, and powers of attorney since they would otherwise be legally excluded from inheriting assets or managing a partner’s finances in the event of incapacitation.

What are the Requirements for Judicial Recognition of a Relationship as Marriage

There is no automatic “common law” marriage in Utah based on cohabitating for a specific number of years. However, cohabitating couples may be eligible to request that the court recognize their relationship as a marriage. If certain criteria are met, the court would grant a decree which would effectively “backdate” the marriage. Any paperwork must be filed with the court within one year of the date the relationship ended.

Requirements under Utah law for judicial recognition of a relationship as marriage include the following:

• Legal capacity: Each individual must be of legal age and capable of giving consent to enter into a marriage.
• Cohabitation: The couple must have lived together.
• Public representation: The couple must treat their relationship as a marriage and have presented themselves to the public in such a manner that people believed they were married.

While this type of recognition is legally the same as getting married, it also allows a couple to legally divorce. This means that a court would be able to divide property, allocate debts, and determine alimony. However, there is no need to obtain a decree recognizing a relationship as marriage for the purposes of child custody, parenting time, or child support. These issues can be addressed with a petition to establish parentage, or on their own if the issue of paternity has been resolved.

It’s important to be aware that individuals seeking judicial recognition of a relationship as marriage only have a limited time to do so. According to an update in Utah law, an individual will no longer be able to file a petition on or after May 7, 2027. This bill takes effect on May 6, 2026.

Legal Complications for Living with a Partner Following Divorce

Cohabitation with a new partner following a divorce can also introduce various legal complexities. For example, under Utah’s cohabitation laws, cohabitation can terminate alimony if the payor can prove that the recipient spouse is living together with another person in a marriage-like relationship. Cohabitation can also complicate child custody if it would negatively impact the child’s environment or wellbeing. Additionally, if a “morality clause” was included in a divorce decree prohibiting cohabitation or overnights with an unmarried significant other to ensure stability for the children, a party may be in contempt of court if they have violated it.

Creating a Cohabitation Agreement

A cohabitation agreement can help unmarried couples in Utah avoid legal complications in the event the relationship doesn’t work out by establishing clear rules for property division, specifying responsibility for debt, and preventing disputes over who owns what. These agreements can also clarify expectations for how financial obligations and household expenses will be handled during the course of the relationship and minimize the potential for misunderstandings.

Much like a prenuptial agreement, a cohabitation agreement can include a full listing of assets brought into the relationship and determine how any new assets acquired would be treated. If one partner owns the home in which the couple will reside, the contract can specify whether the other partner will be treated as an owner or tenant, and what will happen to the property.

Contact an Experienced Utah Cohabitation Attorney

If you have questions about Utah’s cohabitation laws, it’s essential to consult with a knowledgeable attorney. Based in Salt Lake City, BartonWood offers skillful representation and trusted counsel to clients for divorce and a wide range of family law matters. We invite you to contact us online or by calling 801-326-8300 to schedule a consultation with an experienced Utah divorce and family law attorney.