Utah Cohabitation Forms


Use this page to locate and download Cohabitation Agreement Forms or Wills for persons living together but not married. All forms are State Specific.


Utah Cohabitation Form Categories

Cohabitation Forms FAQ

What rights do unmarried couples have?

Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.

How is cohabitation defined?

Cohabitation is generally defined as two people living together as if a married couple. State laws vary in defining cohabitation. Some states have statutes which make cohabitation a criminal offense under adultery laws. Under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation." Another state statute defines cohabitation as "the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common-law marriage." Yet another state, Georgia, defines cohabitation as "dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.

Is it possible for unmarried couple to establish rights as a couple?

Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.

Other legal issues that may be affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or have the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a nonmarital agreement.

In some cases of people who formerly cohabited, courts have found a trust created in property of one person who cohabits with another, whereby the property is deemed held for the benefit of their domestic partner. When there is no formal trust agreement, a resulting trust may still be found under certain circumstances in order to enforce agreements regarding the property and income of domestic partners. If there is evidence that the parties intended to create a trust, but the formalities of a trust are lacking, the court may declare a resulting trust exists. The court may also declare that a constructive trust exists, which is essentially a legal fiction designed to avoid injustice and prevent giving an unfair advantage to one of the parties. This may be based on the contributions made by one partner to the property of the other. Each case is decided on its own facts, taking all circumstances into consideration.

Top Questions about Utah Cohabitation Forms

  • How many days is considered cohabitation in Utah?

    In Utah, there is no specific number of days that defines cohabitation, as it often depends on the nature of the relationship. Generally, the focus is on the intention to live together as partners, rather than a numerical threshold. Having well-prepared Utah Cohabitation Forms can help clarify and formalize your relationship, ensuring you are on solid legal ground.

  • How can cohabitation be proven?

    Cohabitation can be proven through consistent documentation and testimonies that reflect a joint life together. This includes leases, shared financial obligations, and any legal documentation that shows your partnership. Utilizing resources like Utah Cohabitation Forms can assist you in organizing and presenting this information clearly.

  • How to show proof of cohabitation?

    To show proof of cohabitation, collect documents demonstrating shared finances, such as bills, tax returns, or credit accounts in both names. Sometimes, a written statement from an unbiased third party confirming your living arrangement can effectively support your claim. Incorporating Utah Cohabitation Forms can aid in documenting your relationship properly for legal purposes.

  • What are the evidence of cohabitation?

    Evidence of cohabitation can consist of shared leases, joint bank accounts, and insurance policies listing both partners. Additionally, photographs, mailing addresses, and testimony from friends can also serve as supporting evidence. By consolidating this information with Utah Cohabitation Forms, you can create a strong case if needed.

  • How to write a cohabitation agreement?

    Writing a cohabitation agreement involves outlining responsibilities, financial arrangements, and property rights clearly. It's important to include all critical aspects, such as how expenses are shared and what happens in the event of a breakup. Using Utah Cohabitation Forms can provide templates and guidance to ensure your agreement covers all necessary details.

  • How do you prove you are living together?

    To prove you are living together, you can present joint documents like a lease, mortgage statement, or utility bills with both names. Additionally, providing affidavits from friends or family who can confirm your shared residence can be beneficial. Organizing these documents with the help of Utah Cohabitation Forms simplifies the process of proving your relationship.

  • Who are cohabitants in the state of Utah?

    In the state of Utah, cohabitants are individuals who live together in a romantic relationship without being married. This includes partners in long-term relationships, as well as those in less formal arrangements. Understanding your status as cohabitants can be essential, especially when considering the use of Utah Cohabitation Forms to clarify legal rights.

  • What is an example of proof of living together?

    An example of proof of living together includes having joint lease agreements, shared utility bills, or joint bank statements. These documents clearly demonstrate that you and your partner have established a shared residence. Utilizing Utah Cohabitation Forms can help formalize your living arrangements, ensuring both parties’ rights are protected.

  • What is the cohabitation law in Utah?

    Cohabitation law in Utah addresses the legalities of couples living together outside of marriage. While there is no formal cohabitation statute, partners can create agreements that define their rights and obligations. Utilizing Utah Cohabitation Forms is a proactive way for couples to protect their interests and clarify their relationship dynamics.

  • What is the domestic partner law in Utah?

    Utah does not have a specific domestic partner law that provides the same legal benefits as marriage. However, some local jurisdictions may recognize domestic partnerships for certain rights. For couples seeking legal recognition, utilizing Utah Cohabitation Forms can establish important agreements and protections.

Tips for Preparing Utah Cohabitation Forms

Talking about finance and bureaucracy when you're in a relationship is complicated. But the Utah Cohabitation Forms is an important step that both you and your spouse need to take if you want to stay together without having concerns about what might occur if you two broke up.

  1. Create a list of your estate and assets, and debts. You need to be honest with each other and talk about what you are obligated to pay and own. Include earnings and estate, and so forth. If you're going to buy a property or automobile together, bring this up too.
  2. Discuss inheritance. What will happen to all the property if one of the partners passes away? To protect yourself as well as your cohabitant from court proceedings, add as much as possible in the terms of the inheritance in your contract.
  3. Think about your kids. Point out who takes financial responsibility for your kids. In case they have another parent who can handle them, you need to mention it too and also outline how to use this financial help.
  4. Hire an unbiased legal expert. Preparation of a cohabitation agreement doesn't require any specific skills. But it's always much better to have a fresh pair of eyes that will check your file for compliance with common law of marriage and so forth. So for every cohabitant, going to a local lawyer is highly recommended.
  5. Always keep Utah Cohabitation Forms updated. Everything can change after a while. For that reason, it is vital to check and expand your cohabitation arrangement with new specifics.