The legal concept of common law marriage has been all but abolished in most US states. The principles of common law marriage used to be that if you lived with a person in a romantic relationship for a long enough period of time, you could essentially obtain the status- and many of the legal protections- available to married couples without going through a formal wedding ceremony or getting a marriage license. Most states no longer recognize the doctrine of common law marriage, but that doesn't mean that people are no longer living together--- in fact, more people than ever before are choosing to cohabitate and not be legally married. So, if you are going to move in with your beloved, should you have a cohabitation agreement?
Understanding a Cohabitation Agreement
A cohabitation agreement is essentially a contract between two people who are going to be living together that has legal validity. It could be viewed as a prenuptial agreement for individuals entering into their version of a "common law marriage" and as a way to make sure your legal rights are protected in a partnership now that the legal doctrine of common law marriage doesn't exist. A cohabitation agreement, while especially useful for people entering into a romantic relationship and living together, can be useful for any individuals who are planning to buy a home or share a living space with each other.
The cohabitation agreement should include:
- Financial details. Who is responsible for paying what? Who is putting down what money or cash to buy the home? How will bills be paid, in whose name will those bills be in and who is responsible for paying each of the bills?
- Details for distribution of possessions if you split up. No one likes to think about breaking up but it happens and you don't want to be unprepared or fighting over assets. This is especially important if you plan to combine your money when you move in together.
- Details about what happens to the home or apartment in the event of a break-up, or if one party wants to move out or if one party dies. If you bought the house together, does one party have the option to buy the other out? If so, who? If you are both buying the house and once of you dies, or both of you die, who will get the house? If you break up, can one of you keep the apartment and the lease while the other will have to leave?
Getting Help
The above mentioned list of items to include in a cohabitation agreement when forming your own "common law marriage" is only the tip of the iceberg. You should consult with an experienced attorney who can assist you in drafting your cohabitation agreement to make sure both of your interests are protected and that the agreement will be legally valid in the event of a breakup.
