Why do unmarried couples need a cohabitation agreement when spouses don't need one for the same protections?

Marriage automatically triggers a body of default rules governing property division, support, and inheritance if the relationship ends, while unmarried couples generally get none of those protections regardless of how long they've lived together. A cohabitation agreement is the only way for unmarried partners to establish equivalent terms for themselves in advance.

What happens to property bought together if a cohabiting couple separates?

Without an agreement, ownership typically follows whose name is on the title or who can prove they paid for it, which can produce unfair outcomes when contributions were informal, such as one partner covering the mortgage while the other paid for renovations. A cohabitation agreement lets partners define ownership shares and a division method upfront, before a disagreement makes it harder to agree on anything.

Can a cohabitation agreement address arrangements for children?

It can address practical financial matters like which partner covers which child-related expenses while the couple is together, but like a prenup, it generally can't predetermine custody or child support if the couple later separates, since those decisions are made based on the child's circumstances at that time rather than an agreement signed years earlier.

Family & Personal

Cohabitation Agreement

Defines the financial and property rights between unmarried partners living together, including expense sharing and property division if the relationship ends.

Overview

Defines the financial and property rights between unmarried partners living together, including expense sharing and property division if the relationship ends.

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Who Needs This Document?

Unmarried couples living together, domestic partners, and individuals who want to protect their financial interests in a cohabitation arrangement.

When Do You Need This?

Best established before or shortly after moving in together. Essential when partners have significant assets, debts, or plan to make joint purchases.

Key Provisions

A well-drafted document should include the following essential provisions:

Property ownership, shared expenses, and financial contributions
Property division and debt allocation upon separation
Provisions for children (if applicable) and dispute resolution

Frequently Asked Questions

Why do unmarried couples need a cohabitation agreement when spouses don't need one for the same protections?: Marriage automatically triggers a body of default rules governing property division, support, and inheritance if the relationship ends, while unmarried couples generally get none of those protections regardless of how long they've lived together. A cohabitation agreement is the only way for unmarried partners to establish equivalent terms for themselves in advance.
What happens to property bought together if a cohabiting couple separates?: Without an agreement, ownership typically follows whose name is on the title or who can prove they paid for it, which can produce unfair outcomes when contributions were informal, such as one partner covering the mortgage while the other paid for renovations. A cohabitation agreement lets partners define ownership shares and a division method upfront, before a disagreement makes it harder to agree on anything.
Can a cohabitation agreement address arrangements for children?: It can address practical financial matters like which partner covers which child-related expenses while the couple is together, but like a prenup, it generally can't predetermine custody or child support if the couple later separates, since those decisions are made based on the child's circumstances at that time rather than an agreement signed years earlier.

Cohabitation Agreement

Overview

Who Needs This Document?

When Do You Need This?

Key Provisions

Frequently Asked Questions

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