Cohabitating in New Jersey: What Couples Should Know Before Sharing a Home

Cohabitating, or living together in an intimate relationship without being married, has become increasingly common in New Jersey. There are a variety of reasons for this trend towards cohabitating in New Jersey, including:

• High housing costs
• Evolving social norms
• Shifting attitudes toward marriage

For many couples, cohabitation offers a variety of benefits like flexibility, emotional intimacy, and financial practicality. These benefits can be realized without the legal and cultural weight of marriage. In the Garden State, where rent and home prices often rank among the highest in the nation, sharing a household can be a strategic economic decision as much as a personal one.

New Jersey’s diverse population is also a notable factor in regard to the incidence of cohabitation. For example, urban centers like Jersey City, Hoboken, and Newark, as well as suburban and coastal communities, reflect a wide range of lifestyles and relationship models. As a consequence, cohabitation is now widely accepted socially. With that noted, it can also be fir to make note that legal and financial systems have not always evolved at the same pace. Understanding how New Jersey law views cohabitating couples is essential before moving in together.

No Common-Law Marriage in New Jersey

Perhaps the most fundamental fact about cohabitating in New Jersey is that the state does not recognize common-law marriage. The legal reality is that even if a couple has lived together for decades, shared finances, and presented themselves publicly as partners, they do not gain the legal rights of married spouses (as is the case with a majority of states in the country).

Because of the lack of common-law marriage in New Jersey, there are some important considerations to bear in mind when it comes to the matter of cohabitation. For example, if one partner dies without a last will and testament, the surviving partner has no automatic right to inherit assets unless specifically named in that instrument or through some other legal course. Similarly, if a relationship ends, there is no divorce process to equitably divide property or resolve other disputes.

In New Jersey, cohabitation agreements can be drafted and utilized in lieu of specific statutes governing common-law marriage. These agreements can outline such matters as how mortgage payments are handled, how jointly purchased property is to be divided in the event of separation. While not particularly romantic, such agreements can prevent costly legal disputes and emotional strain at a later juncture in time.

Financial Considerations and Shared Expenses

In a majority of situations involving cohabitation, finances typically represent the most immediate, sensitive issue. As a practical matter, clear communication about finances early on is critical.

There are a variety of strategies that New Jersey couples employ to deal with finances. Some choose to split expenses evenly. Others divide costs proportionally based on income. Joint bank accounts may work for some. On the other hand, some couples prefer maintaining separate accounts together with a shared household fund.

In the final financial analysis, what matters most is transparency and thorough documentation. Without legal marriage protections, financial misunderstandings can quickly escalate into disputes with little legal recourse and a tremendous amount of heartache and grief.

Make note that in a situation involving cohabitating in New Jersey, real estate ownership deserves special attention. If one partner owns the home and the other contributes to mortgage payments or renovations, the contributing partner may not automatically gain equity in that real property. Written agreements or clearly defined ownership structures can help protect both parties in regard to real estate, which usually is shared residence.

Parenting and Other Practical Life Issues

Cohabitating couples with children, or those planning to have them, face a level of complexity when it comes to New Jersey law. Issues like legal parentage, custody, and child support are governed by family law and not relationship status alone. Biological parents have rights and responsibilities regardless of marital status, but non-biological partners may have limited legal standing unless formal steps such as adoption are taken.

Housing laws also come into play. If a couple rents, both partners should ideally be named on the lease. This provides equal rights and responsibilities and protects both parties if the relationship ends. If only one partner is on the lease, the other may have limited tenant protection.

Healthcare and emergencies are other important areas of concern. Without marriage, partners are not automatically authorized to make medical decisions for one another. Advance directives, healthcare proxies, and powers of attorney can ensure that a partner has a say during critical moments.

If you’ve questions or concerns about cohabitating in New Jersey, the legal team at the Law Offices of Peter Van Aulen is here for you. You can schedule a no cost, no obligation initial consultation by calling us at 201- 845-7400.