Legal Definitions - notorious cohabitation

Notorious cohabitation refers to a situation where two individuals live together in a romantic or intimate relationship, sharing a household and presenting themselves to their community as if they were a married couple, even though they are not legally wed. The term "notorious" in this context means that their living arrangement and the nature of their relationship are widely known, publicly acknowledged, and generally accepted as a de facto marriage by their friends, family, neighbors, and the broader community.

This concept is often relevant in legal contexts where the appearance of a marital relationship can have significant implications, such as in claims for common-law marriage, spousal support, or the division of property.

• Example 1: Inheritance Dispute

  Maria and David lived together for 35 years, raised two children, and always introduced each other as "my husband" and "my wife" at family gatherings, social events, and to their neighbors. They shared bank accounts, owned a home together, and made joint decisions about their finances and future. When David passed away without a will, his estranged siblings challenged Maria's right to inherit, arguing they were never legally married. Maria's legal team could argue that their long-standing, publicly acknowledged relationship constituted notorious cohabitation, which, in jurisdictions recognizing common-law marriage, could establish her rights as a spouse.

  This example illustrates notorious cohabitation because Maria and David's relationship and living arrangement were openly known and accepted by their community as a marriage, despite the lack of a formal ceremony. This public perception is crucial for establishing potential legal rights.

• Example 2: Alimony Modification

  After her divorce, Sarah received monthly alimony payments from her ex-husband, Mark. Two years later, Sarah moved in with her new partner, Tom. They shared a mortgage on a new home, combined their finances, and regularly attended community events and family functions as an openly committed couple, often referring to themselves as partners for life. Mark's attorney discovered this arrangement and filed a motion to terminate or reduce his alimony payments, arguing that Sarah was engaged in notorious cohabitation with Tom, which, under the terms of their divorce agreement and state law, could be grounds for modifying spousal support.

  This example demonstrates notorious cohabitation because Sarah and Tom's relationship is not only intimate but also publicly visible and presented to their community in a manner akin to marriage, potentially impacting Sarah's entitlement to ongoing financial support from her ex-spouse.

• Example 3: Property Division After Separation

  Michael and Jessica lived together for 15 years in a house they purchased jointly. Throughout their relationship, they shared all household expenses, renovated the property together, and were known by their friends, family, and neighborhood as a committed couple. They hosted holidays, attended parent-teacher conferences for Jessica's children (whom Michael helped raise), and presented themselves as a unified household. When their relationship ended, they faced a dispute over how to divide the property and other assets, as they had no formal marriage certificate. Jessica might argue that their notorious cohabitation established a de facto partnership, entitling her to a greater share of the assets accumulated during their time together, beyond just her financial contributions.

  This example highlights notorious cohabitation because the couple's long-term, publicly recognized shared life and presentation as a single unit to their community could influence how their jointly acquired property is legally divided, even without a legal marriage.