Cohabitation is living together and having a sexual relationship without being married.
In New Mexico, cohabitation refers to a couple living together as if they are married without actually being legally married. New Mexico does not recognize common law marriage created within the state, which means that simply living together, even for a long period of time, does not result in a legal marriage. However, New Mexico does recognize common law marriages that were established in other states where it is recognized, provided that the requirements of the other state were met. Cohabitating couples in New Mexico do not have the same legal rights and responsibilities as married couples. This means that in the absence of a legal marriage or a written agreement, cohabitants may not have rights to property division, spousal support, or inheritance that married couples have under state law. It is advisable for cohabitating couples to create a cohabitation agreement to outline the division of property and financial arrangements in the event the relationship ends.