{"id":351868,"date":"2016-04-04T10:46:06","date_gmt":"2016-04-04T15:46:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/living-together\/cohabitation-agreements.html"},"modified":"2025-03-19T09:11:29","modified_gmt":"2025-03-19T14:11:29","slug":"cohabitation-agreements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/living-together\/cohabitation-agreements.html","title":{"rendered":"Cohabitation Agreements"},"content":{"rendered":"\n
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Cohabitation Agreements<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A cohabitation agreement is a legal contract between unmarried partners, outlining the management of financial responsibilities and property division in the event of separation or death. Similar to prenuptial agreements, these contracts are essential for couples who share significant assets, children, or financial obligations, ensuring legal protections that marriage laws do not automatically provide to unmarried couples. <\/p>\n\n <\/div>\n\n

Marriage laws give spouses legal rights and obligations toward each other. They also provide guidelines for the division of property if the marriage ends in divorce. They outline other responsibilities for the couple during and after a marriage.<\/p>\n

Both partners must voluntarily agree to the cohabitation agreement terms and should seek independent legal consel. Contact a family law attorney<\/a> in your area to ensure your agreement will stand up in court.<\/p>\n

Unmarried couples in long-term relationships do not have these protections in the event of a breakup. Even if they’re together as long as a married couple, unmarried couples don’t have the same legal rights and financial responsibilities.<\/p>\n

Some couples have philosophical or moral objections to marriage. Others don’t want the legal entanglements of a marriage license. But if the relationship ends, unmarried couples in long-term relationships still need legal protection for their joint property.<\/p>\n

Other Types of Civil Partnerships<\/h2>\n

Society has always recognized other kinds of partnerships besides formal marriage. One of the earliest, common-law marriage, <\/a>is a remnant of English common law. A couple who lived together for a statutory period of time (as much as 20 years) and held themselves out as married during that time was "married" under the law.<\/p>\n

Only a few states recognize common-law marriage today.<\/p>\n

When same-sex marriage became a legal possibility, many states offered domestic partnerships<\/a> and civil unions as a legal alternative. Not all states recognized these options until Obergefell v. Hodges<\/i><\/a> legalized same-sex marriage in 2015. Many states converted domestic partnerships and civil unions to marriages or ceased recognizing the agreements.<\/p>\n

In general, long-term relationships must have some kind of government recognition before the couple has any legal rights in court.<\/p>\n

What is a Cohabitation Agreement?<\/h2>\n

Cohabitation agreements resemble prenuptial agreements<\/a>. Like a prenup, a cohabitation agreement is a contract that establishes rules for property division, financial responsibilities, and other matters.<\/p>\n

Some couples feel that a cohabitation agreement takes the "romance" or spontaneity out of their relationship. These are the same arguments against getting married.<\/p>\n

However, if the relationship doesn’t survive or if one person dies, a cohabitation agreement protects you and your partner from the legal issues that married couples avoid through marriage.<\/p>\n

Who Needs a Cohabitation Agreement?<\/h2>\n

Not every couple needs a cohabitation agreement. If you’re not planning a long-term relationship, making plans on your one-month anniversary might be overdoing things.<\/p>\n

A cohabitation agreement takes the place of marriage, so might consider one if your relationship has other hallmarks of a marriage. For instance:<\/p>\n