2004
DOI: 10.1111/j.0265-8240.2004.00165.x
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Legal Treatment of Cohabitation in the United States*

Abstract: This article discusses the variety of ways state legal systems in the United States treat cohabitation, both by same‐sex and heterosexual couples. The different approaches are described along a spectrum that ranges from one extreme, under which cohabitants have essentially no rights against one another or against third parties, to the other extreme, under which cohabitants are to be treated as though they were married under state law. Different areas of law are discussed, including the rights of cohabitants bo… Show more

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Cited by 29 publications
(22 citation statements)
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“…In several states, couples that enter civil unions or domestic partnerships receive some of the benefits of marriage, and most states recognize explicit contracts between cohabitants. But few cohabiting couples make written contracts, the terms and even the existence of oral contracts are often difficult to prove, and court rulings about the enforceability of such contracts are inconsistent (Bowman 2004, 2010). Common-law marriage, which requires that couples hold themselves out as married, has all but disappeared with the increasing social acceptability of cohabitation and has been abolished by statute in most states (Waggoner 2015).…”
Section: Changing Gender Roles Marital Surplus and Investments In Cmentioning
confidence: 99%
“…In several states, couples that enter civil unions or domestic partnerships receive some of the benefits of marriage, and most states recognize explicit contracts between cohabitants. But few cohabiting couples make written contracts, the terms and even the existence of oral contracts are often difficult to prove, and court rulings about the enforceability of such contracts are inconsistent (Bowman 2004, 2010). Common-law marriage, which requires that couples hold themselves out as married, has all but disappeared with the increasing social acceptability of cohabitation and has been abolished by statute in most states (Waggoner 2015).…”
Section: Changing Gender Roles Marital Surplus and Investments In Cmentioning
confidence: 99%
“…Steven Nock described cohabitation as an "incomplete institution" that is "not yet governed by strong consensual norms or formal laws" (Nock 1995, p. 74). In recent years many western countries have introduced laws and policies that recognize cohabitation, or even place it on an equal footing with marriage in some respects or under certain conditions (Bowman 2004;Bradley 2001;Perelli-Harris and Gassen 2012).…”
Section: Literature Overview: Freedom In Cohabitationmentioning
confidence: 99%
“…Inefficiencies may arise in relationships due to lack of access to a commitment technology. 4 However, more importantly, individuals can choose the degree of commitment they have access to in their relationship, through choosing between marriage and cohabitation. These choices depend on their observable and unobservable characteristics, the characteristics of their potential matches, the quality of their match, as well as preferences and the home production technology.…”
Section: Introductionmentioning
confidence: 99%