Friday, February 09, 2024

 

Who Needs a Cohabitation Agreement and Why They Need One

It can be confusing trying to figure out who needs a cohabitation agreement, and why. 

What is a cohabitation agreement?

At its simplest, it is a written contract that life partners enter into before living together permanently.  A cohabitation agreement will address financial and property issues which may occur during the relationship, and should the relationship end.  Taking care of such issues before the need to address them occurs is one way of relieving stress on the relationship.

Recent news stories have focused a lot on same-sex relationships and the financial and legal difficulties faced by same-sex partners.  Many people would have no problem understanding why gay couples would have an interest in cohabitation agreements.  However, the public, including some people in these relationships, may not realize that a large segment of the population also may need these types of legal forms and documents.

One phrase to look at is simply 'unmarried life partners'.  These could be a child living with and tending an aging parent for example, or simply two people of the same or different sexes who have permanently taken upon themselves a partnership with the other for whatever reason.  The key issue is that they are individuals who are living together in what is considered and intended to be a long-term situation.

While this article is not intended to provide legal advice, it might be in the interests of anyone in this sort of situation to either contact a lawyer or look into some sort of cohabitation agreement software or do-it-yourself legal forms.

A good point to consider should you decide to follow the do-it-yourself route is what additional documents you and your life partner may need beyond the cohabitation agreement itself.

For example, there will be questions of finances, health care, property rights, and after-death issues.  Just as a married couple would address these by preparing such legal forms as quitclaim deeds, power of attorney, last will and testament, and/or a living will or living trust, life partners will be well advised to consider these issues as well. Only sometimes having the same protections under law as a typical married couple might have, it is important to prepare for all eventualities in advance of need.

Fortunately, there are many comprehensive cohabitation agreement software packages and legal forms bundles available online, and it would be in the interest of anyone in a long-term relationship with someone who could be considered a life partner to look into this type of material.

Copyright 2024 by Donovan Baldwin

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