Also known as:nonmarital relationship · non-marital relationship · non-marital relationships · cohabitation · unmarried cohabitation · domestic partnership
Written by attorneys · grounded in primary & secondary sources — see below
An arrangement between two people who live together and share domestic and financial responsibilities without entering a formal marriage. Such relationships may support claims for property division, support, or contract enforcement upon separation or death when the parties have formed agreements or contributed to shared assets.
Sources & Authorities
How it applies
Common Examples
6
Couple Meets Common Law Marriage Elements
Nyah Ndlovu and Noah Nakamura exchanged promises to remain together permanently, moved into a shared home, and opened a joint bank account while telling neighbors they were married. When Noah later sought to end the arrangement, Nyah asserted rights based on their conduct. The court examined whether the three elements of consent, cohabitation, and public holding out were satisfied.
Cohabitants Agreement Breach Claim Timing
Nigel Nelson and Nathan Nguyen signed an agreement allocating ownership of their jointly purchased home. After Nathan moved out and stopped making payments, Nigel filed suit alleging breach. The court applied the rule that the claim accrued at the moment of breach and could be brought during or after the relationship ended.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Property Division After Long Cohabitation
Naveen Nanda and Nathaniel Newman lived together for several years, pooling resources to acquire real estate titled in one name only. When the relationship ended, Naveen sought an equitable share of the assets. The court considered whether an implied agreement or contribution-based claim could support recovery despite the absence of marriage.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Recognition of Out-of-State Cohabitation
A couple from another state moved to North Carolina after living together for years without marriage. Upon challenge to their status, the court assessed whether the relationship satisfied the forum's requirements for legal effect on property claims despite originating elsewhere.
Williams v. North Carolina317 U.S. at page 297
Constitutional Limits on Restricting Relationships
Two individuals of different races formed a nonmarital relationship and faced state prosecution for their association. The court examined whether criminal penalties could constitutionally attach to the choice to cohabit without marriage.
Loving v. Virginia388 U.S. 1 (1967)
Parentage Determination in Surrogacy Arrangement
A gestational surrogate carried a child conceived with gametes from one member of an unmarried couple. After birth the intended parents sought legal recognition of their status. The court applied parentage statutes to determine whether the nonmarital relationship supported establishment of legal parenthood.
Johnson v. Calvert851 P.2d 776, cert. denied, 510 U.S. 874, and cert. dismissed sub nom. Baby Boy J. v. Johnson, 510 U.S. 938 (1993)
Common questions
Frequently Asked
3
What elements must be shown to establish a common law marriage within a nonmarital relationship?+
The parties must exchange consent to marry, cohabit, and hold themselves out publicly as spouses. Using a common last name, maintaining a joint bank account, and telling community members they are married are typical indicators of holding out. No minimum duration is required if all elements are present.
Supporting sources
When does a claim for breach of a cohabitants agreement accrue?+
The claim accrues upon breach of the agreement. It may be filed during the cohabitation or after the relationship ends, subject to the applicable contract statute of limitations.
Supporting sources
Can contributions during a nonmarital relationship support an equitable claim after separation?+
Yes. An equitable claim based on contributions to the relationship accrues upon termination of cohabitation and remains subject to equitable defenses such as laches.
Supporting sources
431 U.S. 494, 503 (1977)Property
…relatives, principally the spouse and unmarried and dependent children. Excluded from the definition of "family," and hence from cohabitation, are various persons related by blood or adoption to the head of the household. The obvious purpose of the city is the traditional one of preserving certain areas as family residential…