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Cohabitation Agreement: Protecting Unmarried Partners Who Live Together

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Unmarried partners generally do not have the legal protections spouses get in a breakup or death. A cohabitation agreement sets expectations in writing.

What it can cover

  • Ownership of property bought before and during the relationship.
  • Sharing of rent, mortgage and bills.
  • Division of assets if you separate.
  • Handling debts.
  • Support, if any.
  • Pets and household items.

Limits

It cannot decide child custody or support, since courts keep authority over children. Some states require agreements to meet formalities. It does not give inheritance rights, so also make wills and beneficiary designations.

Steps

  1. Discuss finances and goals openly.
  2. List assets and debts each partner brings.
  3. Put agreements in writing and sign.
  4. Consider separate lawyers.
  5. Review as circumstances change.

Also consider powers of attorney, healthcare directives and wills. See our guides on common-law marriage and domestic partnerships.

Frequently asked questions

Do we need one if we own a home together?

It is especially valuable then.

Is it enforceable?

Generally if it is a fair, written contract.

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