# What is cohabitation?

**URL:** <https://boards.straightdope.com/t/what-is-cohabitation/609557>\
**Category:** Factual Questions\
**Created:** [January 15, 2012, 1:48am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557 "2012-01-15T01:48:17Z")\
**Posts on this page:** 16\
**Page:** 1

<div class="post-metadata">

**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\
**Post date:** [January 15, 2012, 1:48am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/1 "2012-01-15T01:48:17Z")

</div>

My girlfriend was telling me that cohabitation was illegal in 5 states. I’ve never heard of the term “cohabitation” before, it seems like it must have a vague meaning. What exactly is cohabitation?

---

<div class="post-metadata">

**Author:** ![zombywoof](https://avatars.discourse-cdn.com/v4/letter/z/9e8a1a/32.png) [@zombywoof](https://boards.straightdope.com/u/zombywoof)\
**Post date:** [January 15, 2012, 1:50am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/2 "2012-01-15T01:50:51Z")

</div>

> **[Cohabitation](https://en.wikipedia.org/wiki/Cohabitation)**
>
> Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage, gender roles and religion.
> More broadly, the term cohabitation can mean any number of people living together. To "cohabit", in ...

“Seven states still have anti-cohabitation laws on the books, but they are almost never enforced and are now believed to be unconstitutional since the legal decision Lawrence v. Texas in 2003.”

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [January 15, 2012, 1:54am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/3 "2012-01-15T01:54:04Z")

</div>

Two people of opposite sex living as a married couple without legally being married.

[Cohabitation](http://en.wikipedia.org/wiki/Cohabitation)

It was formerly illegal in many jurisdictions, and may still be on the books in some. After a certain duration it was often recognized as “common-law” marriage.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [January 15, 2012, 1:58am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/4 "2012-01-15T01:58:22Z")

</div>

> [@copperwindow](#):
>
> I’ve never heard of the term “cohabitation” before…

Ah, you young people are so cute when you say stuff like that. 🙂

> [@Colibri](#):
>
> After a certain duration it was often recognized as “common-law” marriage.

_Was_?

---

<div class="post-metadata">

**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\
**Post date:** [January 15, 2012, 2:03am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/5 "2012-01-15T02:03:15Z")

</div>

If you are living as “boyfriend-girlfriend”, does that count?

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [January 15, 2012, 2:13am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/6 "2012-01-15T02:13:42Z")

</div>

> [@John\_Mace](#):
>
> _Was_?

In most states. Only 11 states and the District of Columbia still allow common-law marriages. Twenty-six states no longer allow it, and 13 never had it. (Although those states recognize common-law marriages from other states.)

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [January 15, 2012, 2:15am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/7 "2012-01-15T02:15:01Z")

</div>

> [@copperwindow](#):
>
> If you are living as “boyfriend-girlfriend”, does that count?

In modern terms, yes. If you are having sex, you are “living as man and wife” (in the traditional sense).

---

<div class="post-metadata">

**Author:** ![copperwindow](https://avatars.discourse-cdn.com/v4/letter/c/4af34b/32.png) [@copperwindow](https://boards.straightdope.com/u/copperwindow)\
**Post date:** [January 15, 2012, 3:25am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/8 "2012-01-15T03:25:24Z")

</div>

> [@Colibri](#):
>
> In modern terms, yes. If you are having sex, you are “living as man and wife” (in the traditional sense).

From what I’ve heard from most married couples is that they don’t have sex. If I’ve heard correctly, sex stops as soon as you get married, typically.

---

<div class="post-metadata">

**Author:** ![slm2955](https://avatars.discourse-cdn.com/v4/letter/s/c6cbf5/32.png) [@slm2955](https://boards.straightdope.com/u/slm2955)\
**Post date:** [January 15, 2012, 3:28am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/9 "2012-01-15T03:28:59Z")

</div>

> [@copperwindow](#):
>
> If you are living as “boyfriend-girlfriend”, does that count?

Yup.

---

<div class="post-metadata">

**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\
**Post date:** [January 15, 2012, 3:31am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/10 "2012-01-15T03:31:18Z")

</div>

POSLQ. Persons of Opposite Sex Sharing Living Quarters.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [January 15, 2012, 6:44am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/11 "2012-01-15T06:44:26Z")

</div>

> [@copperwindow](#):
>
> From what I’ve heard from most married couples is that they don’t have sex. If I’ve heard correctly, sex stops as soon as you get married, typically.

Ha ha. You haven’t heard correctly, or else your friends are atypical. The average frequency of sex among married couples in the US is a couple of times a week.

---

<div class="post-metadata">

**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [January 15, 2012, 6:46am UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/12 "2012-01-15T06:46:23Z")

</div>

Shacking up.

I suspect the laws were easily circumvented by claiming the lady was your sister. A brother 7 sister sharing a home wouldn’t raise alarm.

I knew a guy that got the cops called by a motel on his wedding night. They were both 17 (legal in my state) and checked into a motel after the wedding. The motel clerk thought they were local high school kids shacking up and called the cops. They had to call home and prove they married. this was 1973.

---

<div class="post-metadata">

**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\
**Post date:** [January 16, 2012, 9:20pm UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/13 "2012-01-16T21:20:46Z")

</div>

> [@Colibri](#):
>
> Two people of opposite sex living as a married couple without legally being married.
> 
> [Cohabitation](http://en.wikipedia.org/wiki/Cohabitation)
> 
> It was formerly illegal in many jurisdictions, and may still be on the books in some. After a certain duration it was often recognized as “common-law” marriage.

For a common law marriage (in those jurisdictions which still recognize it), in addition to cohabitation, the parties must intend to consider themselves married and hold out this marital status to the public. (The public, in general, deem them married. If you ask the next door neighbors if they are married, and they say that they are just living together, then there is no C/L marriage.) They must sign all legal documents (deeds, insurance papers, etc.) as husband and wife.

---

<div class="post-metadata">

**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [January 16, 2012, 9:31pm UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/14 "2012-01-16T21:31:59Z")

</div>

> [@barbitu8](#):
>
> For a common law marriage (in those jurisdictions which still recognize it), in addition to cohabitation, the parties must intend to consider themselves married and hold out this marital status to the public. (The public, in general, deem them married. If you ask the next door neighbors if they are married, and they say that they are just living together, then there is no C/L marriage.) They must sign all legal documents (deeds, insurance papers, etc.) as husband and wife.

IANAL.

IIRC, There is a similar concept of a common law name change - if you consistently use a name other than that on your birth certificate or marriage license and hold it out as your name, and you become generally known in the community by that name, it becomes your legal name for all intents and purposes.

---

<div class="post-metadata">

**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\
**Post date:** [January 16, 2012, 9:41pm UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/15 "2012-01-16T21:41:17Z")

</div>

> [@robert\_columbia](#):
>
> IANAL.
> 
> IIRC, There is a similar concept of a common law name change - if you consistently use a name other than that on your birth certificate or marriage license and hold it out as your name, and you become generally known in the community by that name, it becomes your legal name for all intents and purposes.

You can adopt any name you choose so long as it is not used for fraudulent purposes.

---

<div class="post-metadata">

**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [January 16, 2012, 10:29pm UTC](https://boards.straightdope.com/t/what-is-cohabitation/609557/16 "2012-01-16T22:29:44Z")

</div>

> [@zombywoof](#):
>
> [Cohabitation - Wikipedia](http://en.wikipedia.org/wiki/Cohabitation)
> 
> “Seven states still have anti-cohabitation laws on the books, but they are almost never enforced and are now believed to be unconstitutional since the legal decision Lawrence v. Texas in 2003.”

Down to at most five. Virginia Supreme Court struck down their co-habitation law in 2005, and West Virginia law was repealed in 2010.
