Cohabitation Agreement Information
Alternate Names:
A Cohabitation Agreement is also known as a:
- Cohabitation Agreement Contract
- Living Together Agreement
- Cohab
What is cohabitation?
Cohabitation is an arrangement where two unmarried people in a consensual, intimate relationship are living together.
What is a Cohabitation Agreement?
A Cohabitation Agreement allows an unmarried couple in an intimate relationship to establish emotional and financial security before they move in together and combine their assets.
For instance, in most marriages, both partners have rights to a division of property and spousal support upon entering a legal union, whereas partners in a cohabiting relationship do not have similar rights without a signed agreement.
This Cohabitation Agreement is designed for couples in intimate relationships who wish to live together. Non-intimate couples, such as friends, roommates, or siblings, who wish to live together can use a Roommate Agreement to define their responsibilities instead.
What are the differences between cohabitation and marriage?
Cohabitation and marriage can have legal similarities, like details about the division of assets and debts, inheritance, or support obligations. However, there are specific differences between the two, such as:
- Cohabitation can be entered into by anyone at any time without any specific or formal requirements. Marriage requirements can include things like blood tests, licenses, age specifications, waiting periods, and officiants. These requirements can differ from state to state.
- A Cohabitation Agreement can be ended informally with little or no process depending on the agreement between the parties involved. Marriages must be ended using a formal, legal process such as divorce or annulment.
- Cohabiting partners can divide their property however they want in the event of a breakup based on any stipulations they made in their Cohabitation Agreement. Divorcing couples are obligated to divide their property according to state law.
- Cohabitants generally don't have the legal right to make decisions for an ill, incompetent, or incapacitated partner without the authority of a Power of Attorney or Health Care Directive. A spouse generally has these rights after entering the legal union of marriage.
- A father of children born to cohabiting parents is not entitled to a legal presumption of paternity like his married counterpart would be. A cohabitant father might have to establish paternity through blood tests or through legal proceedings.
What does a Cohabitation Agreement do?
A Cohabitation Agreement is used to protect both partners in a relationship and avoid as much conflict as possible in the event of a breakup. The agreement can be used to detail and define:
- Separate assets: property or items owned separately by one partner that they retain their respective rights of ownership to after a breakup
- Shared assets: property or items co-owned by both parties that are divided after a breakup in whichever way is outlined in their Cohabitation Agreement
- Debt obligations: joint debts, such as co-signed loans or real estate, that both parties will be responsible for in the event of a breakup
- Child support: financial support required for any dependent children from either partner's past relationships or the current partnership in the event of a breakup or the death of a partner
- Support payments: financial support that one party might be required to give the other as outlined in the Cohabitation Agreement
The Cohabitation Agreement's purpose is to protect both parties and to help avoid having a court decide on divisions of assets or support payments.
Who should have a Cohabitation Agreement?
A Cohabitation Agreement is suitable for heterosexual or same-sex couples who do not want to get married but still want some of the rights afforded to married couples, such as division of property or child support if the relationship ends.
This agreement can also provide some security in the event of a significant other's death with a clause allowing partners to add to or restrict what the other partner inherits in combination with the deceased partner's Last Will and Testament.
Couples who are looking to protect their personal property or to ensure that their separate debts remain separate can also benefit from a Cohabitation Agreement.
Couples in long-term relationships may wish to use a Cohabitation Agreement to live together on a trial basis before committing to the legal union of marriage.
Forms related to a Cohabitation Agreement: