Cohabitation Agreements

Non-marital cohabitation is a relationship between two persons who live together and who have expressly decided not to enter into marriage. The relationship resembles a marriage to the extent that the parties share the same household, may own property jointly with each other, and associate intimately and have sexual relations with each other.

While it may be true that society has come a long way from the traditional marital family unit, the law still does not recognize it. The rights and obligations of parties who are married or are partners are regulated by law. But the rights and obligations of cohabitants can be difficult to interpret. Unmarried cohabitants enjoy few of the rights and benefits provided by law to spouses. Nonetheless, cohabitants may fix all of their rights and obligations by mutual agreement and are free to terminate their relationship without the legal process of divorce.

Therefore, cohabitants are advised to expressly define their interests by written contract. Such interests might include how the cohabitants will buy and hold property, and how the property will be divided if the cohabitation terminates; the use of earnings by each cohabitant and how bank accounts (whether joint or separate) will be divided if the cohabitation terminates; how outstanding liabilities (usually in individual names) of the cohabitating couple will be divided if the cohabitation terminates; and a formal acknowledgment of paternity of any children born to the cohabitating couple.

The Law Offices of Robert L. Bogen can assist with these and other issues which may arise pertaining to cohabitating couples and/or the termination of a cohabitation relationship. Seek us out.