Living Together: Laws and Rights

Living together can sometimes result in unforeseen legal issues. While there’s a chance you and your significant other will stay together forever, you do need to plan in case of a breakup. You don’t have the legal protections that married couples do.

This section of FindLaw provides valuable information for unmarried couples who live together. We refer to this situation as "cohabitation." Here, we’ll discuss some of the major issues you may encounter as part of an unmarried couple. We’ll also explain the differences between being married and cohabiting.

Use the menus below to navigate to the most relevant topic, or scroll down to continue reading about cohabitation.

Living Together: The Big Picture

Cohabitating can be a valuable test of a relationship. It can prove whether you are a good match for marriage. However, this arrangement can also lead to unique legal problems.

Living together is much more relaxed and has fewer legal ramifications than marriage. But, if the relationship ends, cohabitating couples may face uncertainty.

This may leave couples in legal limbo about how to divide money and property and how to share children. When married people break up, they get divorced. The courts resolve issues such as spousal support and how to divide shared property.

When you live with someone for years but never marry, you don’t have the benefit of your state’s divorce laws. The rights of unmarried couples are not as cut and dry as they are for married couples.

Cohabitation Do's and Don'ts

Unmarried couples living together face different issues from married couples. Since they don’t have the legal protections of marriage, they must protect themselves in another way.

Some of the things unmarried partners should consider before moving in together include:

1. Create a domestic partnership or cohabitation agreement that outlines the parties’ rights and responsibilities. Be sure to include provisions about property ownership, joint accounts, estate planning, insurance policies, and healthcare.

2. Consider estate planning and probate issues. These may include property rights, pensions, and social security benefits for surviving partners.

3. Consider health insurance for domestic partners if they are available through your employer. This is especially important for same-sex couples.

4. Keep titles and finances separate. Keep accurate records of the parties' contributions to shared property. For instance, if one partner loans the other money, specify as much in a written agreement. The same is true for expensive gifts. This is especially true for real estate. Both names must be on the property’s deed. Otherwise, one party may end up with nothing if the relationship goes south.

5. Don't mix assets like a joint bank account or credit card. This can create potential liabilities and legal issues if the relationship ends.

6. Don't assume that a long-term relationship automatically creates a common-law marriage. Only seven states recognize common-law marriage. Odds are, your state isn't one of them. Even if you do live in a common-law state, there's no guarantee that you meet the legal requirements for common-law marriage.

7. Don't hold yourselves out to the public as a married couple.

8. Don't become financially dependent on your cohabitant.

Cohabitating couples should be aware of the legal implications of their living situation. Unmarried partners don’t enjoy the same legal status as married partners.

It may be best to contact a local family law attorney to help you understand your state's specific laws. They can also help you understand how these laws apply to your situation.

Special Considerations for Cohabiting Couples

There are certain things to remember if you choose to live with someone instead of getting married. Sometimes, it’s not even a conscious decision to cohabitate or marry. It’s just the natural progression in a relationship.

Regardless of how you come to live with your partner or significant other, there are certain things you need to think about as far as the big picture is concerned:

1. Cohabitation and Property - Divorcing spouses divide their property at the end of their relationship. Cohabitating couples don't have the benefit of equitable distribution and property division.

2. Alimony and Spousal Support: Cohabitation law does not provide for alimony or financial support. When you get divorced, the court may award you alimony or spousal support. This isn’t the case for cohabiting couples. Unless you have a written cohabitation agreement, there’s a good chance you’ll receive nothing when you end the relationship.

3. Inheritance Rights: Every state has intestacy laws that protect a decedent’s spouse. For example, in California, when someone dies intestate (without a will), their spouse gets everything. This doesn’t apply to unmarried couples. A surviving partner can live with someone your entire adult life and receive nothing when they die. It all depends on whether they have a will and what your state’s intestacy laws say.

4. Cohabitation and Kids - Cohabitating couples face unique legal challenges related to child custody and child support payments. If you and your partner have children together, it’s essential that you have a written agreement outlining how you’ll handle these issues should you break up.

5. Cohabitation and Life Insurance - Not all insurance policies offer options for cohabitating partners. Read your policy carefully to ensure it protects you and your partner. For example, you and your significant other will likely name each other as their life insurance policy beneficiaries. Have an attorney review your policies to ensure you won’t run into trouble when filing a claim.

Cohabitation Agreements

Creating and signing a cohabitation agreement, sometimes called a "living together contract," will help avoid many common problems. These contracts can determine financial arrangements or clarify property ownership. They can also list each party's rights and responsibilities should cohabitation end.

You may also consider other legal agreements, such as a power of attorney or prenuptial agreements. A power of attorney gives a third party legal authority to make decisions on your behalf. 

Prenuptial agreements can help unmarried couples protect their assets. Prenups can also help clarify financial responsibilities should your relationship end.

Whatever you do, make sure your agreement is in writing. You must also ensure that your agreement complies with state law.

Get Legal Help Before Moving in Together

Cohabitating couples should consider speaking to a family law attorney before moving in together. Your attorney will provide you with sound legal advice and can help draft your cohabitation agreement. They may also prove helpful should you and your partner end your relationship.