Having a cohabitation agreement helps you to protect you and your partner if you're living together but aren't married.
Living together without getting married offers some legal advantages over getting married. If the relationship falls apart, the married couple must navigate the courthouse trying to get a divorce. Unmarried couples do not. In some instances a couple cannot legally get married in the first place. Yet others simply feel that they don't need a piece of paper to say how they feel about their partner.
Whatever the reason, it's clear that more and more couples are living together without getting married. But doing so without adequate legal protection can lead to problems for you and your partner. For example, what happens if one of the partners passes away? The other person has no legal rights to any of the first partner's estate. Sometimes one person becomes financially dependent on the other. If the relationship suddenly falls apart, the dependent person can't support him or herself. Protecting you and your partner begins with writing a cohabitation agreement. Legal Ace can help you do it.
A cohabitation agreement is a contract that a couple enters into when they move in together. The agreement covers issues regarding property rights, bills, and anything else the couple wants. Most of the concerns that are raised by a couple that is contemplating living together revolve around property. Cohabitation agreements can outline who had what property when the relationship started, who will get property that was acquired while the couple lived together, and who will be responsible for debts acquired during the relationship.
Not at all. Although cohabitation agreements are frequently used by same-sex partners, many heterosexual couples enter into cohabitation agreements. They are often used by couples that aren't ready for marriage, haven't had a chance to get married yet, or who simply want to live together. If a couple is actually getting married, then the couple should use a prenuptial agreement and not a cohabitation agreement.
Sometimes, when a married couple divorces, one spouse is required to pay the other spouse alimony. When a separation occurs, one member of a couple may need to make payments to the other. These payments are called "palimony". Scenarios in which palimony is awarded are rare. Nonetheless, a cohabitation agreement can help to either prevent or enforce palimony payments.
The terms set out in a cohabitation agreement signed before a marriage will NOT carry into the marriage. If you get married everything changes. If you are getting married and still want to have the terms outlined in the cohabitation agreement to be valid, you and your spouse will need to sign a prenuptial agreement.
LegalACE is not an attorney and is not permitted to offer legal advice or otherwise act as an attorney.
Legal Ace is a document preparation service. Legal Ace should not be considered a substitute for the
advice of an attorney. See the full disclaimer for more details.