Cohabitation laws in Utah explained
Cohabitation laws in Utah are designed to provide guidance and requirements for individuals who choose to cohabitate or live in a marriage-like relationship without the formality of a license. Cohabitation is defined as an arrangement where two people who are not married to each other share an intimate and committed relationship, and consider themselves as a "family" in a sense, but do not go through the legal process of getting married.
In Utah, some courts may consider a couple’s period of cohabitation prior to marriage, and use that information when deciding on issues such as alimony or property division after a divorce. However, under Utah law, cohabitation does not create new rights or legal status for a spouse. In the state of Utah , just because a couple has lived together for a certain number of years, it does not mean they are entitled to divorce rights or entitlements. While some states legally recognize common law relationships after a period of cohabitation, Utah does not.
There are exceptions to this rule. Under Utah’s cohabitation law, if a couple has lived together for a certain period of time prior to a divorce or separation, and there are children born of the relationship, there can be some allocation of property and assets to the primary caregiver of the children. In this case, the cohabitation period can be used as an asset for the primary caregiver when dividing all of the property and determining other issues surrounding cohabitation.
Utah’s legal rights for unmarried couples
The rights and limitations of unmarried couples living together in Utah can be, at times, surprising for those easing into a cohabitation arrangement. Though the common law "common law marriage" was abolished in Utah in 1977, that does not mean there are no legal recognitions of unmarried couples. Still, Utah jurisprudence strongly favors legal marriage over any other arrangement. This leaves many couples with confusion over their rights and obligations when cohabiting.
One of the first areas of confusion often involves property. If you are buying a house together, or refinancing it to take one of your names off the mortgage while adding the other, it’s important to understand how the property will be held. If held as tenants in common, there will be no legal presumption of the spouses’ rights, even if they have been together for a long time and have had children together. Under that scenario, if one partner walks away after closing the new mortgage, that person will get 100% of the equity in the house by virtue of being either the sole buyer and sole owner, or named on the loan and deed. The simplest way to hold property as tenants in common is for each owner to have a different percentage interest in the property. As the youngest owner, you may want a 51% interest, but depending on the current value of your home and what you have put into it, you may end up with a 20% interest, or an even lower percentage. If there were children involved from a previous marriage, you may wish to evaluate whether holding property as joint tenants (meaning 50% each) would have a more favorable outcome if a divorce or separation were to occur later.
Few couples stop to think about their credit worthiness as a couple. Starting out in a new relationship, both parties may bring different assets and debits to the table. If one party has student loans or an auto loan, he or she is responsible for those debts even if you have moved into his or her parents’ basement together. However, if you are jointly applying for loans or mortgages, both partners’ assets and credit will be considered equally. Therefore, if one partner has a six month late payment, or a missed credit card payment, the other party needs to understand how this might affect the rates on a new mortgage and even insurance. Fortunately, most financial institutions allow clients to run a free credit report once a year. Be sure you know what factors are affecting your credit score before applying for loans or trying to refinance. Bad credit may mean a higher interest rate and possibly a higher down payment on a home.
While there are no common law marriage laws in Utah, this doesn’t mean that cohabiting couples have no recognition under the law. Your partner has the same health care rights as a spouse in Utah. If someone were to try to keep you out of the hospital room because they are not a family member, your partner has the absolute right to be treated as a spouse, including signing order for surgeries or treatments, or making health decisions in an emergency. Likewise, you are viewed as a family member for the purposes of a wrongful death action. You have equal rights to sue someone who has wrongfully caused the death of your partner. These rights are rarely tested, but it is important to note that if you are not a legally married couple, you may not be entitled to any spousal alimony payments in a divorce. Most courts do not recognize economic loss similar to promised alimony payments when considering a couple’s finances and rights.
Property division for cohabiting couples
When it comes to property division, the laws governing the division of property for married spouses and cohabiting partners are the same in Utah. What this means is that just as in a divorce, the courts are going to split what property either partner has that they have acquired throughout the relationship in a just and fair manner. The catch, however, is deciding what property belongs to whom. Property belonging to each party still has to be awarded to them since there is no common law marriage in Utah. Even though the property may have been acquired in a joint fashion, the court will determine what spouse it belongs to.
It is often presumed that all the property acquired throughout the duration of the marriage, no matter if it is a home, bank account, car or jewelry, belongs to both spouses. Unless this property was originally brought to the relationship by one spouse and put in their name specifically, it will go in the pot to be divided up. However, with unmarried couples, no such rule exists under the law. Some partial ownership already given to a partner is not enough to hold claim over that property any further. The court’s job is to divide the property equitably based on the monetary value of each item.
The process of determining how debt will be handled is similar to the process for dividing property. However, a spouse will not be expected to pay the debts of the other. In other words, if a couple chooses to separate, each partner is expected to take their own belongings and their own debts. For the partners that have acquired property and debt together, the court may require them to divide the property equitably and pay off the debt accordingly. For example, if the partner who brought the debt into the relationship makes the highest salary while the partner living in the house is a full-time parent, it is likely that the court would require the working spouse to pay off the majority of the debt.
Cohabitation agreements: enforceability & importance
Cohabitation agreements are legally binding arrangements between unmarried partners living together in Utah. These agreements define parameters for their relationship, and they can cover various aspects of their financial, physical, emotional, and sexual relationships. For example, a cohabitation agreement may specify how partners will budget or divide household expenses, how they will parent children, and how they will handle alimony, debt, property, and other legal issues if they break up or one of them dies.
Cohabitation agreements are important for unmarried partners for several reasons. In some cases, the parties may choose to cohabitate for years without any problems. Over time, however, the relationship may break down. A cohabitation agreement may also be used in child custody disputes to demonstrate a stable home for children who can live with the non-custodial parent.
Additionally, although many people will co habitate without written contracts, they may also rely on a verbal agreement, which is very difficult to enforce in court. Even while cohabitating, a man and woman may make a verbal agreement about debt repayment, and one of them may disappear after the split, leaving the other to pay all the debts. Without a cohabitation agreement in writing, the responsible party will be out of luck in court.
Utah courts also consider that the state has no statutory marriage requirement for unmarried couples cohabitating, which means that unmarried couples are required to have a contract governing support and property issues before they can establish legal rights, according to the Utah Court of Appeals case Hurst v. Hurst. Cohabitation agreements protect people against the battle that an unmarried couple would have to participate in without one. Cohabitation agreements protect either party should the other partner decide to leave, or simply not pay half of the rent or the bills.
Cohabitation’s effect on child custody & support
The influence of cohabitation upon legal issues can be volatile, regardless if a couple is separated or divorced. Relationships between parents and children can become more precarious, as the presence of another parent – or another set of parents – will certainly affect how one parent prioritizes the concern of their children.
Parents going through a divorce with children are often required by the court to submit to a process that evaluates the parental responsibilities of each individual. This process involves interviewing each parent, and often other relevant individuals, to determine how effective they are as a parent overall.
The end result of this process is the drafting of a parenting plan , which lists all the details of equal responsibility for both parties, including the physical and legal custody of the children. Various conditions exist for compliance with such an agreement, including stipulations around where the children are to live, who is responsible for their health insurance, and whether the child is obligated to attend certain schools. These issues are never clear cut.
Because of the sensitive nature of child custody issues, the court will most likely intervene to determine the consequences of a parent moving in with a new partner after the divorce, as well as the effect this has on their relationship with their children.
Changes to Utah’s domestic partnership law
In Utah, there is a puzzling dichotomy when it comes to cohabitation laws. While the state does have robust common law marriage precedent and recognizes same-sex marriages, cohabiting couples have often been left in a legal standoff, without too many rights or protections to speak of. In the past few years, however, there has been a shift in how lawmakers and courts view the term "cohabitation." There is a growing understanding that cohabiting relationships can be complex and long-lasting, similar to marriages but with fewer government-imposed definitions.
In 2016, Utah passed a bill, H.B. 382, to allow those who register as domestic partners to enter reciprocal beneficiary agreements granting them various rights and protections nearby married couples enjoy. This includes rights related to child custody and adoption, compensation for injury or death, and the ability to make decisions on behalf of incapacitated partners. While this law is most applicable to same-sex partners who may not choose to marry due to religious conflict, it signals a shift toward broader legal recognition of cohabiting relationships in general. It remains to be seen whether this law will impact the way that cohabiting couples are treated under Utah’s domestic relations laws. The state’s courts seem to have accepted that cohabitation, like marriage, is not always a choice but rather a financial and personal necessity. In the case of Barlow v. Sorenson, for example, Justice Christine Durham stated, "We recognize that domestic partnerships exist. We also note that economic necessity and the dissolution or suspension of a marriage sometimes prompt individuals to live and raise children together. Cohabitation is a reality [in contemporary society]."
As time goes on, cohabitating couples in Utah may gain greater legal protections. One thing is for sure – if you are cohabitating with a partner in Utah, it’s important to understand your legal rights. Cohabitation is not the same as marriage, but it does entitle you and your partner to a range of rights, especially if you have children. In order to fully take advantage of those rights, you should seek lawyers with expertise in cohabitation laws specific to Utah. The last thing you want to do is assume that what goes for conventional marriages goes for domestic partnerships.
The future of Utah’s cohabitation laws
As societal trends continue to evolve, cohabitation laws in Utah are likely to undergo further refinement in the coming years. While legal precedents will play a significant role in defining the contours of these laws, public opinion and social attitudes toward cohabitation will also heavily influence future developments.
One key area in which the law may evolve is in the realm of child support and custody. Presently, issues regarding child custody and child support are typically not a concern when determining alimony for unmarried cohabitants. However, with more couples choosing to cohabitate rather than marry, the question of how to handle custody disputes and determine child support obligations may require greater legal clarity in the future.
In addition to the legal developments, the role of people in non-traditional relationships is changing as economic conditions fluctuate . With more individuals choosing to live together without marrying in cities like Salt Lake City, Ogden, Provo, and St. George, Utah may be forced to adopt new statutes to clarify the rights and responsibilities of cohabiting partners in matters such as property division and financial support.
Finally, as the millennial and Generation Z cohorts continue to enter into cohabitation arrangements, it will be interesting to see how Utah’s laws adapt to the needs and behaviors of future generations. The growing emphasis on equality, whether in professional settings or personal matters, suggests that the legal system will be pressured to treat unmarried couples with the same seriousness as married couples when it comes to non-marital financial agreements and disputes.
Therefore, Utahns should stay abreast of the changes in cohabitation laws, as these laws are likely to continue evolving to reflect the modern realities of life without marriage.
