Cohabitation contract

Cohabitation is a living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. Couples will choose to cohabit for different reasons. Usually it is to test their compatibility before committing to marriage. Some couples don’t believe marriage is necessary while gay and lesbians are prohibited to marry in some states.

The 2008 census data reports that 6.8 million opposite-sex couples are currently living together. That is an increase of 5 million couples since 2006. Traditionally the law has favored marriage since it is the basic societal unit that stabilizes the family. The concern is that when couples decide to cohabit they have none of the rights and privileges that married couples have.

Written contract

Experts recommend having a written agreement before cohabitating. Couples that choose to live together don’t receive the same protection as married couples. There is usually very little guidance given as to their rights with property ownership, responsibility with debt, custody of children, healthcare and survivorship.

Each individual should create a list outlining expectations of household responsibilities. This would involve daily responsibilities of cooking meals, doing laundry, shopping, and cleaning the home. If these responsibilities aren’t determined prior to establishing the household, conflict can evolve. These issues often create resentment in the relationship when partners feel the responsibilities aren’t shared equally.

Finances seem to involve the most consideration to the cohabitation contract. It should be specific on household expenses, debt repayment, pensions, division of property and estates if separation or death occurs. This will provide protection to both partners in the relationship.

Protection of the law

People enter relationships out of love for each other and will usually avoid discussing these pertinent concerns. Discussing your legal rights can momentarily hinder the romance in the relationship but unless your rights are documented the court will not enforce them. Openly discussing your rights in a relationship can help strengthen it if you are considerate of each other’s best interests. Contact an attorney in family law to answer any questions you may have about your legal rights involving cohabitation.