The term cohabitation is frequently used in a real estate or rental property context. In legal terms, cohabitation refers to a relationship arrangement in which two people live together in the same residence.
Generally speaking, these people are an unmarried couple; however, this is not the sole definition of what might constitute cohabitation. An example of this would be situations in which a couple has registered under the civil union or domestic partnership laws of their state of residence.
A civil union is similar to a marriage in that it is a legal status which provides many of the same legal rights and protections. However, such rights and protections are only available at the state level, not federally. An example of such federal provisions would be tax breaks and social security benefits. These are offered to married couples, but not those in a civil union.
A domestic partnership is another type of relationship between two people who are committed to each other, but are not married. In states which recognize this type of marriage alternative, the couple can register in order to receive some government benefits, similar to the benefits that are offered to married couples. Before same sex marriage was legalized in 2015, domestic partnerships were most frequently offered to same sex couples. Because of the legalization, domestic partnerships are now considered to be available for all types of couples.
Generally, the simple act of cohabitating alone does not provide each partner with protection in terms of their property and assets. This is because state family laws, as well as property laws, most commonly treat cohabitating partners as individuals for legal purposes. Cohabiting couples are not bound by marriage nor divorce laws.
Some dos and don’ts for cohabitation will be further discussed below. However, the biggest “do” would be to create a sound cohabitation agreement. This is a contract between two cohabitants, and may be thought of as similar to a prenuptial agreement.
A cohabitation agreement outlines all of the rights and responsibilities for both parties, as well as provides detailed information regarding:
As with any legal contract, a cohabitation agreement is meant to be tailored to the specific needs of each individual party. What this means is that the potential for legal disputes is greatly reduced. This is a big reason why many family law attorneys encourage cohabitating couples to draft a cohabitation agreement.
Generally speaking, the most effective agreement serves to fill in the gaps created by the laws of the state of residence. An example of this would be how many state laws do not address the rights of the children of unmarried couples, or how property is to be distributed when one of the cohabitants dies. A cohabitation agreement in one of such states could contain provisions related to such information so that the cohabitants’ interests are protected.
Most states recognize cohabitation agreements while treating them as if they were ordinary contracts. What this means is that the agreement is considered to be legally binding, and imposes a legal duty on each cohabitant to adhere to all terms contained within the agreement. If the cohabitation agreement is violated in any substantial way, there may be legal consequences such as a damages award for the injured party.
Some other recommendations for cohabitation in addition to creating a sound cohabitation agreement include the following:
Some recommendations in terms of what you should do in a cohabitation relationship include the following:
When a cohabitation relationship ends, issues may quickly arise which may need to be remedied by legal action. Some examples of the more common legal disputes that are distinct from other marriage alternatives may include:
Remedies for such legal disputes would most likely consist of a damages award to the injured party, or an injunction. An example of an injunction would be if the court ordered one party to take a specific action, such as replacing destroyed property. Another example of an injunction would be if the court ordered one party to cease acting in a certain way.
If you are considering entering into a cohabitation arrangement, and wish to draft a cohabitation agreement, you should consult with a local family lawyer. An experienced and local family lawyer can ensure the agreement is legally enforceable. A cohabitation agreement will protect all parties involved, and will reduce the likelihood of expensive and time consuming legal action later on.
Further, because state laws may vary regarding cohabitation and cohabitation agreements, it is best to work with an area attorney so you can receive legal advice relevant to the state in which you live. Finally, an attorney will also be able to represent you in court, as needed, should any legal issues arise.