Why a Cohabitation Agreement?
Even though you may regard your partner as a family member, the law usually does not. As a result, your partner may not be taken care of in the manner in which you wish. For example, if you die without a will, your property generally will pass to your next-of-kin and not your partner. Paradoxically, the law may provide certain benefits for your partner that you had no intention of giving to him or her. Today, some courts are using equitable doctrines to apportion assets between cohabitants to prevent hardship and injustice. Since these doctrines are vague, they are difficult and expensive to prove. Therefore, you should be proactive and define your own partnership through a legal contract. Here are some additional reasons to enter into cohabitation agreements:
- To guarantee the financially less secure partner an equitable settlement in the event of a break-up.
- To properly compensate a party for his or her role as a caretaker.
- To allow the financially more secure party to limit exposure in the event of a break-up.
- To disclose expectations of the relationship, both financial and personal.
What to Cover in a Cohabitation Agreement?
A cohabitation agreement is a flexible document that is less subject to regulation than a pre or post marital agreement. These contracts typically cover the following key points:
- Distributing property in case of death or break-up.
- Obligating financial support during the relationship or upon its dissolution.
- Handling the payment of debts in case of death or break-up.
- Dividing the principal residence upon break-up of the relationship.
- Defining support, custody or visitation rights for minor children (although not necessarily binding).
- Specifying health insurance coverage.
- Determining the right to serve as guardian/conservator in the event of incapacitation.
- Establishing the right to make medical decisions in the event of incapacitation.
An Important Note:
Regardless of how close your relationship is with your partner, living together does not automatically entitle either one of you to the rights and protections afforded to married couples. It is therefore important for you and your partner to state your rights and obligations in a legal document in the event of a breakup or death. A cohabitation agreement will insure that you and your partner are protected at the same time that it clarifies your understanding of the relationship.
If you feel that you may have a potential case pertaining to family law please call (805) 879-7523 or click here to email us and have an attorney contact you about your case.