In the absence of a marriage, what may courts consider when assessing property disputes among cohabitants?

When assessing property disputes among cohabitants in the absence of a formal marriage, courts often consider a combination of implied and express agreements. This approach recognizes that while cohabitants may not have a legal marital status, they can still establish rights and obligations towards one another through their interactions, discussions, or conduct.

Implied agreements may arise from the behavior of the parties, such as sharing expenses, contributing to property acquisition, or showing an intent to share resources in a way that resembles a marital relationship. Express agreements can include any formal or informal arrangements explicitly made by the parties about their property or finances, such as cohabitation agreements or written contracts. Assessing these agreements allows courts to determine how property should be divided in a manner that reflects the intentions and contributions of both parties during their cohabitation.

The other options do not directly relate to evaluating property disputes among cohabitants. Marital history may be relevant in some contexts but does not apply when assessing cohabitants without a marriage. State residency laws regarding marriage address the legal framework of marriage rather than property division among unmarried individuals. The presence of children can influence custody and support matters, but it is not a primary factor in property disputes between cohabitants.