In the US, cohabitation is defined as the union of two intimate people living together. The two can either be of the same sex or the opposite sex, thus sharing a life which is common and domestic but they are not joined by any civil union or marriage. Living together and sharing a life that is common and domestic will mean that the couple will spend together and thus acquire more properties. At this point, in case of a separation, the property is divided equally between the two parties. In a legal union (marriage), this is known as alimony, among the unmarried couples who are cohabiting it is referred to as palimony. Determination of any palimony cases is usually done in a civil court and is usually seen as a contract. The state of California among others supports cohabitation and has the so-called Domestic Partners Registry, which gives the rights to the unmarried couple like married couples and thus recognizes them fully. As a result, it has established palimony laws in case of separation.
Palimony originated from "alimony" and "pal," which is with reference to the special and great friendship that the cohabiting parties had. The first time for this word to be heard about was the year 1976 in a courthouse in California in the case that involved an actor Marvin Lee. This case is known as the Marvin v. Marvin case. In this case, Marvin was sued for not keeping a promise, and the Supreme Court stated that no written document was required.
Delegate your assignment to our experts and they will do the rest.
Palimony usually needs a contract to be settled in these modern days and thus the need for the cohabitation agreements. The first time for such a case to be taken to court in 1976, the judge ruled that there was no need for a written document. In today’s courts, a written agreement is usually important for such a case to be heard. Without the cohabitation agreement which usually contains the cohabiting terms, the case can be dismissed. The cohabitation agreement has the rights of the cohabiting parties. The prime purpose of the cohabitation agreement is for confirming the claim made thus ensuring that there is the fulfillment of the promises made between the cohabitants (Taylor, 2014). This document can be considered as the official document showing their union, just like a marriage certificate for the married couples. With the cohabitation agreement it possible to set a clear arrangement and a fair one as well in regard to giving each other support and the division and ownership of property (Minella, 2010). This agreement is usually done and prepared in the consultations of each party’s attorney (Reid, 2015). Other matters such as mortgage, finances among other things may also be included.
The cohabitation agreement has three categories; they include written, implied and oral agreements. Oral agreements refer to the agreement that is made by word of mouth. Proving this agreement is usually hard simply because one party of the cohabitants may not be honest among other things. An implied agreement is almost not easily proved since it involves unspoken understandings of the parties involved which are mostly implied through their conduct. Proving this agreement is usually based on the understanding of each other’s role that one partner will provide finances. Basing on the past behaviors, the partner provides support financially even after a breakup, and the jury will easily prove the agreement. Then, finally, there is the written agreement, which is an easily provable agreement. This is the most preferred option by the cohabiting partners. With a written document avoiding other problems like proving the expectations and intention involved in other forms of agreements is easier (US Legal, 2016).
Another thing is that law of California does not recognize any common marriage laws around the state. This is simply because it will make it easy for either of the unmarried partners in a cohabiting relationship to access the family court and thus file for dissolution. This will also provide other related marriage benefits which include the assets of either partner as well as community property (California Palimony Laws, 2017).
Not all the states in the US support cohabiting. While the state of California recognizes the cohabitation of two partners as well as their palimony rights, common marriage law is not recognized. This gives the unmarried couples rights, benefits as well as responsibilities similar to those of married couples. Just like any other, law, filing for a palimony suit will need an attorney, who usually informs the partner filing the case regarding his/her rights and thus help in achieving the goal of the partner. The only difference between cohabitation and marriage is that marriage is automatic while cohabiting is not, simply because there must be a written document to confirm the claim. Without the written agreement it is hard to confirm the claim especially on matters of property inheritance among other things.
References
US Legal. (2016). Palimony Law and Legal Definition . Retrieved from https://definitions.uslegal.com/p/palimony/
California Palimony Laws. (2017). Find Law . Retrieved from http://statelaws.findlaw.com/california-law/california-palimony-laws.html
Minella, K. (2010, January 8). The Truth about Common Law Marriage & “Palimony” in California. Minella Law Group . Retrieved from http://www.minellalawgroup.com/the-truth-about-common-law-marriage-palimony-in-california/
Taylor, D. (2014, August 5). What Is Palimony? How Does It Work? Find Law . Retrieved from, http://blogs.findlaw.com/law_and_life/2014/08/what-is-palimony-how-does-it-work.html
Reid, B. (2016, May 12). Property and Palimony Law for Unmarried Cohabitating Partners. Huffington Post . Retrieved from http://www.huffingtonpost.com/brad-reid/property-and-palimony-law_b_7269314.html
