Legal Definitions - cohabiting unmarried person of the opposite sex

CUPOS stands for Cohabiting Unmarried Person of the Opposite Sex.

This legal term refers to an individual who lives with another person of the opposite sex in a relationship that resembles a marriage, sharing a common residence and often an intimate partnership, but without being legally married to that person. It specifically distinguishes such relationships from legally recognized marriages or civil unions, and from cohabiting same-sex partners.

Here are some examples illustrating how this term applies:

• Property Division After Separation:

  Scenario: Sarah and Mark lived together for ten years in a house they jointly purchased, sharing all household expenses and responsibilities. They were never legally married. When their relationship ended, they needed to determine how to divide the equity in their home and other shared assets.

  Illustration: In this situation, both Sarah and Mark would be considered "cohabiting unmarried persons of the opposite sex." The legal system would treat their property division differently than if they had been married, as there are no automatic marital property rights. Their rights would likely depend on their individual contributions, any written agreements, or principles of equity rather than marital property statutes.

• Inheritance Without a Will:

  Scenario: Emily and David had been living together for 25 years, raising children and sharing all aspects of their lives, but never formalized their relationship through marriage. When David unexpectedly passed away without a will (intestate), Emily sought to claim a portion of his estate.

  Illustration: Emily, as a "cohabiting unmarried person of the opposite sex," would generally not have the same automatic inheritance rights as a legal spouse under intestacy laws (laws governing inheritance when there is no will). Her ability to inherit would depend on specific state laws regarding non-marital partners, or if she could prove certain legal theories like a constructive trust or implied contract, which are often more complex to establish than a spouse's claim.