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COHABITATION LAW

Posted: May 19th, 2008, 10:18 am
by Figilife
HOW MANY ARE AWARE THAT THERE IS STILL A COHABITATION LAW IN EFFECT IN 7 STATES AND NC IS ONE OF THE STATES THAT ENFORCES THE LAW, THERE WAS A CASE IN NC THAT A DEPUTY WAS TOLD TO
FINE ANOTHER JOB, GET MARRIED OR MOVE OUT,. SHE
FOUND ANOTHER JOB

Posted: May 19th, 2008, 10:59 am
by DaJudge
I WAS NOT AWARE OF THAT.

Posted: May 19th, 2008, 11:26 am
by RamboPreacher
interesting.
so, if I understand correctly this cas is about a deputy (woman) that is living with someone (a man?), and she lost her job because of it? I guess I don't understand this. is the law against cohabitation, or does it make them "common-law"-married after some time? not enough information.

Posted: May 19th, 2008, 11:47 am
by dolfan
RamboPreacher wrote:interesting.
so, if I understand correctly this cas is about a deputy (woman) that is living with someone (a man?), and she lost her job because of it? I guess I don't understand this. is the law against cohabitation, or does it make them "common-law"-married after some time? not enough information.


He's saying that there's a cohabitation law in NC, a female deputy was shacking, told to marry/leave the guy/get another job (her option, I guess), and she opted to get another job. The law is against cohabitation. Laws like that are ancient, been around for a long time.

However, the above story in the NC case is only part of the whole story. The case went to court, and the NC cohabitation law was declared unconstitutional by the local state trial court, as applied to the deputy in question. I don't think the case is final on appeal within NC, or it wasn't appealed perhaps.

Cohabitation alone never equals common law marriage, by the way. There must be an intent to create a marriage, just as there must be an intent to create a marriage if you go get your license to marry and go stand before a minister and say the "I-dos". In the states that recognize CL marriages, there must be a holding out of yourselves as married, such as referring to each other as married, having joint accounts using the same last name, many other indicators of a married life.

Posted: May 19th, 2008, 12:03 pm
by RamboPreacher
dolfan wrote:...
Cohabitation alone never equals common law marriage, by the way. There must be an intent to create a marriage, just as there must be an intent to create a marriage if you go get your license to marry and go stand before a minister and say the "I-dos". In the states that recognize CL marriages, there must be a holding out of yourselves as married, such as referring to each other as married, having joint accounts using the same last name, many other indicators of a married life.
yup - that's how it is here,a dn understood. I thought the initial post had something to do with that, but apparently not. :)

Posted: May 19th, 2008, 4:10 pm
by EagerBeaver
DaJudge wrote:I WAS NOT AWARE OF THAT.


CAN YOU REPEAT THAT A LITTLE LOUDER? I'M A TRIFLE DEAF IN MY LEFT EAR.