Cohabitation Laws: The Legalities of Unwed Couples Living Together

Should America Legalize This Across the Nation or Should People Just Be More Careful?

It is Christmas 2006 and I just turned on the TV and there's a big, blue banner that reads "JAMES BROWN HAS DIED" and I'm pretty certain that the news anchor is talking about the legendary but sometimes troubled singing phenom and not the hefty sportscaster
 that always wears nice suits. As the day passed, I turned on the radio to hear (more often than usual) "Santa Claus, Go Straight to the Ghetto", followed by on- air personalities as well as call-in listeners paying their respects.

The next day there was a television news story that showed Tomie Rae, James Brown's partner crying and stating that Brown's people have locked her out of their Beach Island, SC home they had shared since 2001. Despite having a tumultuous relationship that produced one son, James Joseph Brown II, there have been no reports of a separation at the time of Brown's passing. From 2003 to 2005, the couple's domestic problems were made public (including a full-page ad in Variety, placed by Brown in 2004 announcing their separation) but they always referred to the other as their spouse. Maybe not. In 1997, Tomie married Jared Ahmed in Houston, Texas. She would later claim that the marriage to Ahmed, who is from Pakistan, was void because he had three other wives that she was not aware of at the time they were wed. Since the state of Texas does not allow polygamy, to file for divorce may be a waste of time and money, right? Though they exchanged vows in 2001, in February 2004 Brown filed an annulment from Tomie Rae implying fraud by her 1997 marriage. Yet , they only reconciled in April of that same year. With so much confusion, it seems that a civil marriage ceremony would have solidified her marital rights. Or at least she wouldn't be on TV crying about having to stay in a motelwith her son.

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Thanks Deb (and sorry so slow). It came from research conducted when I got into another live-in situation. I'd recommend it (seeking legalities) to anyone, especially if there is a great difference in career agenda and/or property involved.

Posted on 11/20/2008 at 12:11:51 PM

Paul, from my research it may help that the couple share the same address -especially since TX seems the least lenient.

Posted on 03/27/2008 at 3:03:17 PM

In the state of Texas do you know if a man and woman who still have two seperate residences even though they stay back and forth together between them and they also travel together and stay in the same hotel could in any way be considered cohabitation, or do they have to have eliminated one of the residences and only have one together.

Posted on 03/11/2008 at 6:03:41 PM

This was an eye-opening article! Deb

Posted on 12/01/2007 at 9:12:00 PM

Watch the 1998 movie,"Why Do Fools Fall in Love" and assuming that it is at least 90% truth, yep, common law marriage can stand up in court when it comes to who receives assets (tangible and non-tangible).

Posted on 07/14/2007 at 8:07:00 PM

Very interesting article but I wonder if the other states have offer any legal standing to couples seperating who aren't married? Hmmm.....

Posted on 01/15/2007 at 10:01:00 AM

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