The Legal Treatment of Cohabitation in Poland and the United States

Abstract

Given the resilience of the issues surrounding cohabitation, a comparative analysis might offer a new perspective. This Article, therefore, considers cohabitation in Poland and the United States, limiting itself to opposite- sex couples. These two countries have been selected for analysis because, despite their lack of comprehensive law on cohabitation, they have each encountered and dealt with the issues arising from such relationships. They have done so differently, offering the opportunity for comparative analysis. Part II of this Article therefore begins by surveying American law on cohabitation, while Part III surveys equivalent Polish law. Part IV compares and analyzes the issues arising from cohabitations in both countries, offering concluding thoughts on the legal treatment of nonmarital cohabitation, given that many of these relationships intend to exist outside of legal regulation.