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| Home >Cohabitation agreement |
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| Cohabitation agreement |
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Most unmarried couples that live together don't have a written agreement governing their rights and obligations, but virtually all of them should.
As you set up a household together, each of you has certain expectations regarding your finances and your obligations to each other. You may expect that each of you will retain your own separate property, and neither of you will be obligated to support the other. Your partner may have the opposite expectation. If you and your partner break up, these conflicting expectations can lead to tremendous distress and unhappiness.
For example, if you are much wealthier than your partner, and the relationship breaks up, you are a target for a lawsuit. Your partner may sue you for "alimonyˇ±, claiming that you promised that you would support him or her for life, and/or that all property you acquired during the relationship would belong to both of you. If you have no written agreement to the contrary, and your partner's claims are believed, you could be obligated to divide your property with and/or pay support to your partner--even if a desire to avoid these obligations was the very reason you didn't marry your partner in the first place.
Written agreements signed by both parties are far superior to oral and implied agreements in terms of providing the parties with some measure of certainty. Having a written document helps insure that you -- and not a future jury -- determine exactly what the terms of your agreement are. They also provide you and your partner with an opportunity to communicate and clarify your expectations of each other.
Just like premarital agreements, cohabitation agreements must be drafted carefully by experienced family lawyers. Although it may seem surprising at first, it is to your benefit for your partner to be represented by a lawyer. This will to help avoid later claims of unfairness or duress, which could cast doubt on the enforceability of the agreement. Preferably, you and your partner should both hire lawyers who are familiar with the laws to non-marital cohabitation. |
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