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The Legal Side of Love

What to do, know and sign before you move in together.

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Most states have abolished common law marriage, and even in the ones that have statutes (which, at the time of writing are Alabama, Colorado, the District of Columbia, Iowa, Kansas, Minnesota, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas and Utah), simply living together for an extended period of time isn't enough to get you declared husband and wife. In most cases, you have “behave” as a married couple, using the same last name, for instance.

Doom and gloom aside, plenty of couples make it (and FYI, should you decide to tie the knot, your cohabitation agreement becomes void, unless you signed it shortly before marrying), so all your efforts may be for naught. So look at this as the first of the tough conversations you'll have as live-in partners. And after you negotiate this, that cap-off-the-toothpaste thing will be a breeze.

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