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Cohabitation Agreements

Cohabitation Agreement

If you have chosen cohabitation over marriage – you are not alone. Cohabitation between unmarried partners has increased substantially in the last 40 years. However, unless you define your partnership through a legal contract, the law may view you as strangers in the case of a breakup or death.

In recent years, the concept of cohabitation has expanded to include any two partners who have integrated their residence, property and daily lives. It is often seen as a starting point for people headed toward marriage, but can also be an ultimate arrangement for couples who don’t want the social, personal or legal commitment that marriage represents.

Subjects often included in cohabitation agreements:

  • Distribution of property in the event of death or breakup
  • Obligation of financial support during the relationship or upon its dissolution
  • Payment of debts
  • Division of principal residence upon breakup of the relationship or death
  • Definition of support, custody, or visitation rights for children
  • Determination of right to serve as guardian in event of incapacitation
  • Establishing the right to make medical decisions

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