{"id":351880,"date":"2016-04-04T11:02:38","date_gmt":"2016-04-04T16:02:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/living-together\/validity-of-living-together-contracts.html"},"modified":"2025-02-20T14:36:00","modified_gmt":"2025-02-20T19:36:00","slug":"validity-of-living-together-contracts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/living-together\/validity-of-living-together-contracts.html","title":{"rendered":"Is Your Cohabitation Agreement Valid?"},"content":{"rendered":"\n
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Is Your Cohabitation Agreement Valid?<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\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 an unmarried couple who lives together. These contracts often outline what happens if the relationship ends. Although most states recognize cohabitation agreements, an attorney can help you draft a valid, enforceable agreement.<\/p>\n\n <\/div>\n\n

These contracts outline what happens if the relationship ends. This includes the division of property and financial assets like bank accounts and real estate. Such contracts can also cover topics like child custody and child support<\/a>.<\/p>\n

Cohabitation agreements<\/a> aren’t just for romantic partners. Roommates can also enter these agreements. They offer some legal protection, peace of mind, and clarity.<\/p>\n

Maybe you’ve signed a similar agreement with your live-in partner. But is your cohabitation agreement valid? The following information will help you ensure your cohabitation agreement is enforceable.<\/p>\n

Marvin v. Marvin<\/i> and Cohabitation Agreements<\/h2>\n

The validity of such agreements was the subject of a well-publicized 1976 case<\/a> in the California Supreme Court (Marvin v. Marvin<\/i>). In that case, the court held that an unmarried couple’s agreement to share income while living together in consideration of (or exchange for) companionship could be enforceable. But Michelle Marvin wasn’t awarded "palimony<\/a>" because the court found that Actor Lee Marvin hadn’t agreed to share his income with her.<\/p>\n

While the case didn’t work out in Michelle Marvin’s favor, it set an important precedent<\/a> about cohabitation agreements. Cohabitation agreements must meet certain criteria to be valid by state courts. These criteria can vary. Generally, the agreement must be a written contract, not an implied agreement. Both parties must sign it, and they must sign voluntarily (without coercion).<\/p>\n

It’s also important that the agreement doesn’t include any illegal provisions. For example, it can’t limit child support obligations. These obligations follow state laws and protect the child’s best interests<\/a>.<\/p>\n

‘Meretricious’ Relationships and Oral Agreements<\/h2>\n

When an agreement includes consideration of sexual services provided by one of the parties, a court is more likely to find the contract unenforceable. For example, one partner agrees to share their income for the other partner’s love and companionship. A court may find that the contract implies "meretricious" sexual activity. The court may refuse to enforce the contract.<\/p>\n

Proving an oral agreement<\/a> or an implied contract between unmarried cohabitants is also tricky. Several courts have refused to recognize such an agreement due to insufficient proof.<\/p>\n

Cohabitation Agreement Requirements<\/h2>\n

Most states now recognize cohabitation agreements. The legal tests for valid cohabitation agreements parallel the requirements of other contracts<\/a>. They’re just another type of contract. Only a few recent cases have held that contracts between unmarried cohabitants are unenforceable.<\/p>\n

A cohabitation agreement is more flexible and less regulated than a marital agreement. Unmarried couples typically include the following key points in their contracts:<\/p>\n