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LIVING TOGETHER, WHAT'S THE LAW? by Leland, S. Englebardt II '76 Crown, 1981. 146 pp. $10.95

According to the United States Census Bureau, cited by Englebardt in this timely survey of the law of cohabitation, approximately 2.2 million Americans have opted to live together out of wedlock. Two former members of this group, actor Lee Marvin and his girlfriend Michelle Triola Marvin made headlines (and legal history) when in 1976 the California Supreme Court ruled that Michelle had a right to bring an action against Lee for a share of the property acquired during six years of cohabitation. The decision spawned thousands of "palimony" suits, and suddenly the no-strings-attached attractiveness of living together faded.

Using the Marvin case as a focal point, Englebardt examines the ramifications of cohabitation on such critical issues as property ownership, alimony, child custody, taxes, insurance, and inheritance. The

answers can be surprising to non-lawyers, producing results which might be neither anticipated nor intended by the cohabitants.

State laws differ on these issues, and in one interesting chapter, Englebardt surveys the laws of each of the 50 states as the affect cohabitants. In Rhode Island, for ex ample, section 11-6-3 of the General Laws imposes a $ 10 fine for fornication; in Oklahoma, remarriage or cohabitation within six months after a divorce is forbidden by statute.

Though Englebardt makes the point that cohabitation in the 1980s is more and more coming to resemble the institution it was designed to replace, he also walks us through a useful distinction between cohabitation and marriage. A marriage contract introduces the state into the relationship between man and woman and thus defines the rights and duties of the parties and provides predictable and certain means of enforcement and protection. Without the involvement of the state, however, cohabitants risk the possibility of having their relationship and property rights ordered by outsiders in ways that may be contrary to their intentions.

The message to today's live-ins emanating from the Marvin case and communicated clearly and entertainingly by Englebardt is "Put it in writing." A written agreement, so long as it is not based on illegal consideration (such as the promise of sexual favor), can set forth in a legally enforceable way the property and other rights of the parties in the event of death or dissolution of their relationship. Englebardt, who is a practicing attorney, even goes so far as to offer sample contract clauses for cohabitants to use in drawing up their own agreements.

"Without some express agreement, the parties are gambling that their relationship will end amicably," notes Englebardt, "and as any domestic relations attorney will tell you, those are lousy odds.

A graduate of Yale haw School and, formerassistant dean of the College, Gary Brookpractices law in Norwich, Vermont.