cohabitation analysis (Utah) · Go Syfert
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cohabitation analysis in Utah

5 Utah opinions name it 2 courts 2004–2024 1 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Haddow v. Haddowgreen
utah · 1985 · cited in 2 Utah opinions naming this issue, 2004–2014
2 sentences

2014This more contemporary statement of the applicable cohabitation inquiry, found in Myers, does not replace the framework introduced in Haddow v. Haddow, 707 P.2d 669, 672-74 (Utah 1985), but is a more reliable template in light of the ever-evolving and heterogeneous nature of marriage and marriage-like relationships in modern society. .

2004Haddow v. Haddow, 707 P.2d 669, 672 (Utah 1985). 149 In Haddow, this court assessed whether cohabitation had occurred by looking for "common residency and sexual contact evidencing a conjugal association." Id.

22
Myers v. Myersgreen
utah · 2011 · cited in 2 Utah opinions naming this issue, 2016–2017
2 sentences

2017See Myers II, 2011 UT 65 , ¶ 24 n.4, 266 P.3d 806 .

2017See Myers II, 2011 UT 65 , ¶ 24 n.4, 266 P.3d 806 .

12
Kinsey v. Kinseygreen
utahctapp · 2024 · cited in 1 Utah opinions naming this issue, 2024–2024
1 sentence

2024See Scott, 2020 UT 54 , ¶ 45. ¶33 Although the district court assessed the cohabitation analysis using the common law test, it specifically determined 20230088-CA 15 2024 UT App 120 Kinsey v. Kinsey that Julie and Boyfriend did not “share[]” Boyfriend’s “residence.” And as indicated, this is a determination that receives “substantial deference on appeal.” Id. ¶ 34.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Where else courts name it

CA 8 (1995–2023) OH 8 (1997–2026) UT 5 (2004–2024) MS 4 (1994–2000) VA 3 (2004–2018) MI 3 (1992–2008) NY 3 (1979–2004) MD 2 (1996–2026) NJ 2 (2017–2023) TX 2 (1984–2024) CT 2 (1985–2001) NC 2 (2015–2017) IL 2 (2022–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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