Cohabitation Agreements Guide
A cohabitation agreement is a legal contract between unwed partners, detailing the overseeing of financial responsibilities and division of property in the event of separation or passing away. Much prenuptial agreements, these agreements are vital for couples that share considerable assets, children, or financial obligations, guaranteeing legal safeguards that marriage laws do not automatically provide to unwed partners.
Marriage laws provide spouses with legal rights and obligations toward one another. They also provide guidelines for property division should the marriage fails. They detail other responsibilities for the spouses throughout and following a marriage.
Each partner is required to voluntarily agree to the cohabitation agreement conditions and should seek independent legal counsel. Get a hold of a family law attorney near you to guarantee your agreement is going to stand up in court.
Unwed couples in long-term relationships do not have these safeguards in the event of the relationship failing. Even when they are with each other as long as a married couple, unwed partners do not have the same legal rights and financial accountabilities.
Some partners have ethical or philosophical objections to marriages. Others don’t wish for the legal obstacles of a marriage license. However, if the relationship should end, unwed partners in long-term relationships still require legal safeguarding for their shared property.
Other Types of Civil Partnerships
Society has always acknowledged other types of partnerships besides formal marriages. One of the first, common-law marriage, is a leftover of English common law. A couple that lived with one another for a lawful period of time (as long as twenty years) and held themselves out as married throughout that time was “married” by way of law.
Only a couple of states acknowledge common-law marriage presently.
Once same-sex marriage turned into a legal possibility, a lot of states granted civil unions and domestic partnerships as legal options. Not every state acknowledged these alternatives before Obergefell v. Hodges legalized same-sex marriages in 2015. A lot of states modified civil unions and domestic partnerships to marriages or stopped acknowledging the agreements.
Generally, long-term relationships should have some kind of government acknowledgment before the partners have any legal rights in court.
What are Cohabitation Agreements?
These agreements are similar to prenuptial agreements. Like prenups, cohabitation agreements are a contract that establishes rules for division of property, financial obligations, and other issues.
Many couples believe that cohabitation agreements take the “romance” or impulsiveness out of relationships. These are the same contentions regarding getting married.
Nevertheless, if the relationship doesn’t last or if one partner passes away, a cohabitation agreement safeguards you and your partner from the legal matters that married couples elude through marriage.
Who Needs a Cohabitation Agreement?
Not every partnership requires a cohabitation agreement. If you are not counting on a long-term partnership, creating plans on your one-month anniversary could be overdoing it.
A cohabitation agreement takes the role of marriage, so you might consider one if your partnership has other characteristics of a marriage. For example, if you have:
- children with each other
- shared property
- joint accounts, such as financial institution accounts or investments
- bought a home with each other and have mortgage payments
The more your partnership resembles a marriage, the more probable it is to require a cohabitation agreement.
What Does a Cohabitation Agreement Do?
A cohabitation agreement is legal documentation that devises legal guidelines for cohabiting partners. If one partner passes away or the partners decide to separate, the cohabitation agreement splits their joint property and provides child support similar to marriage laws.
A cohabitation agreement can include:
Estate planning: If you and your partner have been together for quite some time, you might want your property to go to your partner instead of other members of your family. Unwed partners have no more rights to someone else’s property than any other individual, so you are going to require a will that designates your partner as your beneficiary.
Shared property: In marriages, property acquired prior to the marriage stays separate property. For unwed partners, everything you buy is separate property unless bought with shared funds. If both of you share significant purchases such as furniture or remodeling, your agreement establishes who is required to pay back whom for the purchase.
Financial support: When you and your partner have children together, you can elude long, costly conflicts in family court with a contract on paternity, child custody and support prior to your relationship ending. Lacking a written agreement, state laws establish visitation and support.
Financial responsibility: Cohabitating partners, similar to roommates, should agree on household costs such as utilities, food, and home repairs. Don’t let your partnership end because you fought over which person’s turn it was to pay the electricity bill.
Dispute resolution: Any agreement should include an arbitration or mediation clause. This assists you to resolve any issues prior to turning to litigation.
Are Cohabitation Agreements Legal?
Similar to a prenup, a cohabitation agreement is legal under specific conditions. Some circumstances make them against the law. You should acquire legal advice prior to signing the document to guarantee your agreement is legal.
Both parties are required to:
- Agree to the conditions of the contract
- Sign the contract knowingly and on their own accord
- Have an opportunity to acquire independent legal counsel prior to signing
- There are additionally some things your agreement can’t include, discussed in depth below.
Meretricious Partnerships
A “meretricious” contract is an exchange of sexual favors for money or other considerations. It is basically a contract for prostitution.
When the agreement involves any kind of exchange of “companionship” in exchange for paying rent or bills, the contract is most likely unenforceable.
Child Support
Similar to a prenup, a cohabitation agreement is unable to renounce or restrict child support. Parties can come to an agreement on specific child support guidelines, however, the court is not going to approve any contract to renounce support if the partnership falls apart or to restrict support to a dollar amount.
Illegal States
2 states, Mississippi and North Carolina, presently have laws prohibiting cohabitation. These states don’t have common-law marriages. Courts are not going to enforce an illegal contract, so these states are not going to enforce a cohabitation agreement.
A cohabitation agreement is required to meet the same legal requirements as any other contract. Both parties must accept the conditions of the agreement.
Source:
- Cohabitation Agreements – findlaw. (n.d.-a). https://www.findlaw.com/family/living-together/cohabitation-agreements.html
Ogborne Law, PLC In Scottsdale, AZ
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Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
