Utilize our Cohabitation Agreement to specify the obligations of an unmarried couple cohabiting together.
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A Cohabitation Agreement, also known as a “Common Law Partner Agreement,” is a crucial legal document for unmarried couples choosing to live together without the formalities of marriage. In this guide, we'll delve into the intricacies of Cohabitation Agreements, exploring their purpose, when to use them, legal rights for couples living together, and the consequences of not having one in place.
A Cohabitation Agreement, also referred to as a living together agreement, serves as a written contract for unmarried couples living together. This document outlines property rights and financial obligations during the course of the relationship and post-relationship termination. It covers:
This agreement plays a vital role in managing day-to-day finances, including rent, mortgage, and bill payments. It also facilitates the equitable distribution of property, encompassing personal items, savings, and other assets, in the event of a breakup.
Refer to the table below to quickly see how cohabitation agreements and marriage differ from each other.
| Cohabitation Agreement | Marriage |
| No requirements. Anyone can create a cohabitation agreement | Numerous requirements which can vary depending on your state, e.g. marriage license, age minimums, a ceremony, officiator, witnesses, etc, |
| Can be terminated informally but can have the same emotional cost as the end of a marriage. | Requires the involvement of the court, e.g. legal separation, divorce and can be of great financial and emotional cost. |
| Can divide property if outlined in the agreement but requires legal workarounds to have the same property protections as a marriage | Has stronger legal protections in place for the division of property |
| Partners can only get financial support if outlined in the agreement | Spouses have a legal right to alimony |
| Only the relative of an ill or incompetent partner has the authority to make financial or health decisions on their behalf | Spouses have the authority to make legal decisions for each other if one falls ill or incompetent |
| Partners have no inheritance rights unless specified in the deceased's partner's will | Spouses have a legal right to inherit a deceased spouse's property |
| The father in a cohabiting relationship may have to prove their paternity through blood tests and legal methods | A father in a marriage has paternity rights by default |
| There is no legal obligation for the father in a relationship to support children during cohabitation, but it becomes a requirement when paternity has been proven | The father is legally obligated to support children during the marriage |
| The non-custodial parent is not required to support the children if the cohabiting relationship ends unless paternity has been proven | Non-custodial parents is legally obligated to support children if the marriage ends |
Cohabitation Agreements are essential when couples explicitly choose not to marry, aiming to define their rights and obligations outside the scope of common law marriage. While common law marriage is recognized in some states, a Cohabitation Agreement is particularly relevant in the majority of states that don't grant legal status to cohabitating couples.
In states allowing informal or common-law marriages, such as Alabama, Colorado, and Texas, a Cohabitation Agreement becomes a tool to explicitly define the rights and obligations of partners who opt not to formalize their relationship through marriage.
Using a living together agreement is advisable when partners anticipate a long-term cohabitation without the intention of marriage. It provides a framework for deciding on separate and joint property, establishing rules for property and income division.
Despite similarities with marriage, Cohabitation Agreements do not afford the same legal protections. Understanding the legal rights for unmarried couples living together is crucial.
Failure to establish a Cohabitation Agreement can lead to significant disadvantages, especially in joint purchases. Without this legal safeguard:
Debt Responsibility: Both partners may be liable for each other's debts, including rent, utility payments, and personal debts.
Inheritance Issues: Living together does not grant automatic inheritance rights; without an agreement, the court may decide based on wills or blood relatives.
The first step in writing a cohabitation agreement is filling in the parties’ information. This includes writing down their:
An example of where to include information about the parties involved in a cohabitation agreement
This section typically refers to whether any children from previous relationships are involved. You should specify if there aren’t any kids. If there are, you need to write down their names and ages.
You should also clearly outline the obligations of each parent to their children. Unless a court order of adoption is obtained, the agreement assumes each person is responsible only for their children.
An example of where to include the current circumstances in a cohabitation agreement
Discuss with a partner and decide when the cohabitation agreement will come into effect.
An example of where to include the effective date in a cohabitation agreement
You can list the property you acquired before becoming a couple that should be treated as separate property – including financial assets, household goods, vehicles, and other items.
Any property listed as “separate” in the Cohabitation Agreement will not be divided with the other person if death or separation occurs.
Your shared property, or joint property, is a property that both parties jointly own. These will be divided between both parties upon death or separation. Both parties can agree upon how this property will be divided before signing the agreement.
An example of where to include information about property details in a cohabitation agreement
Although not required, listing your debts lets you clearly detail who is responsible for which debts.
Without a Cohabitation Agreement, you could be forced to assume your partner’s debts if you split up.
For example, in California, domestic partners are legally considered financially responsible for the debt of the other during the relationship and at its end, just like spouses. That means you could be on the hook for outstanding rent, utility payments, and debts related to your partner’s household goods and personal items.
You should also specify any shared debts you andy, our partner have. Typically, shared debt occurs due to a joint purchase secured by a joint loan for items like a vehicle or home.
An example of where to include information about debts in a cohabitation agreement (part two)
Shared living expenses can be divided, with each party paying different percentages or dollar amounts, depending on the situation. You can also include information about whether joint accounts will be used and the ownership interests of purchases made through that joint account.
An example of where to include information about household contributions in a cohabitation agreement
You should provide terms about how the agreement can be terminated.
An example of where to include information about termination details in a cohabitation agreement
Once you have filled in the other sections, both parties should sign the agreement so it becomes a legally binding contract.
An example of where to include information about signatures in a cohabitation agreement
A simple agreement should generally have at least the following:
In addition to these, the cohabitation agreement should mention the following terms:
A Cohabitation Agreement is a valuable tool for unmarried couples choosing cohabitation. It provides clarity on property and financial matters, protecting the interests of both parties. Understanding the legal landscape for couples living together is essential for making informed decisions and ensuring a harmonious cohabitation experience.
Unmarried couples may lack the legal protections afforded to married couples. A Cohabitation Agreement provides a framework for defining rights and obligations, offering clarity on property and financial matters.
Yes, even in states recognizing common law marriages, a Cohabitation Agreement is valuable. It allows couples to explicitly define their rights and obligations, providing legal clarity beyond the common law marriage framework.
Yes, a Cohabitation Agreement can include provisions about how financial assets, including income and expenses, will be distributed between partners. It helps in avoiding disputes over financial matters.
In Washington State, a cohabitation agreement is a legal document that can be used by unmarried couples living together. The purpose of such an agreement is to outline the rights, responsibilities, and expectations of each partner during the cohabitation and in the event of a separation. Here are some aspects to consider:
Creating a cohabitation agreement in Texas involves several steps. While it's recommended to consult with a family law attorney to ensure the document meets legal requirements and addresses your specific needs, here is a general guide on how to proceed:
