Cohabitation


#1

In the state of North Carolina Cohabitation laws are still in effect. Can repeated overnights from a boyfriend truly be considered cohabitation. In your opinion, does it take more proof than a PI taking pic or video of him spending the night. He is much younger than I and we choose to spend time at my home, as he lives with his mother. So he does spend the night whenever. It angers me that I am being brought up on this law. He does not live with me or give me any money… his mail doesnt come there… his clothes and personal belongings are at his home. I have dated other people??? What do judges look for?? I am totally dumbfounded that this is an issue. After going through this horrible divorce, I realized very quickly, not everthing is based on honesty. Do these cohabitation cases usually side with the plantiff??? Its like how do you prove he not living there, but yes does spend the night whenever we want???


#2

Cohabitation is more than spending the occasional overnights. The statute defines cohabitation as two adults dwelling together continuously and habitually in a private hetero [homo] sexual relationship as evidenced by the voluntary mutual assumption of those marital rights and duties and obligations which are usually manifested by married people and which included but are not necessarily dependant on sexual relations.

There is no action your ex can pursue based on your alleged cohabitation, other than to attempt to bar you from seeking alimony, or to a bolster a claim to receive alimony from you. The burden of proof is on your spouse and he will need more than one video of your boyfriend spending the night.


#3

Erin,
it seems to me that he has a PI on me at all times and he is taking pics himself and has friends doing it too. Everytime my BF is over he is there taking pics??? how is this fair? its like he is molding a case to look like something its not? he has stopped paying alimony on this crazy statue… Can pics and video be enough to bring forward a case alledging the cohabitation. Please tell me a judge would want more???


#4

Pictures and videos can be used as evidence of cohabitation, but your ex needs to prove that it is clear you are living with this man on a consistent regular basis. It may not be a bad idea to contact the non emergency number for the police when you see the PI, or your ex harassing you with such intrusive surveillance. They can keep a record of the harassment which could be useful if this continues.