What is required for a court to make equitable decisions regarding shared property among cohabitants?

For a court to make equitable decisions regarding shared property among cohabitants, the presence of an express or implied agreement is essential. This requirement stems from the principle that property rights between unmarried partners are not governed by the same legal framework as marital property rights, which are often defined by statutory law.

In the context of cohabitation, courts have generally recognized that partners may establish their own terms and conditions regarding property ownership and division through mutual agreements, whether these agreements are formalized in writing (express) or inferred from their actions and relationship dynamics (implied). These agreements can clarify the intentions of the parties and how they wish their property to be allocated in the event of a separation.

Other options do not address the critical guiding principle here. A marriage license is irrelevant in a cohabiting relationship since such relationships exist outside the bounds of formal marriage. Similarly, a family law attorney’s opinion, while potentially informative, does not dictate how a court would decide property issues. Proof of cohabitation may be a necessary factor in establishing the context for the dispute but does not directly impact how the court adjudicates property rights. Ultimately, the articulation of mutual intentions in the form of an agreement, either express or implied, becomes the basis for equitable