Cohabitation Agreements for Unmarried Persons
Unmarried partners who live together are faced with many of the same issues asmarried persons. However, because of their “unmarried” status they are treated
differently than married couples under the law when it comes to the division of assets
after a breakup or death. A tool that can provide important protections to unmarried
couples is called a “cohabitation agreement” which is a written contract between two
parties who have chosen to live together. Although there are some similarities between
prenuptial and cohabitation agreements, there are crucial differences between the two.
Cohabitation agreements are private agreements governed by general contract law
principles. Prenuptial agreements must meet specific requirements to be valid. As a
result, prenuptial agreements that are properly drafted will still be effective if the
cohabiting couple gets married. On the other hand, cohabitation agreements generally
lose their effect upon marriage.
Cohabitation agreements can cover many of the same issues as prenuptial agreements
including, but not limited to, division of property (i.e., financial, personal, or real estate)
in the event of death or break up and financial support of either partner. Individuals may
add terms regarding child support and custody, but these are not binding on a court. In
the event of a dispute, a court will consider the terms of the cohabitation agreement but
will generally apply the law independently of what's in it.
