Fillable Cohabitation Agreement | PDF | RTF | Word
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A Cohabitation Agreement is a very important document to both unmarried couples living together and long term roommates with no romantic partnership. These situations are not necessarily covered by Federal and State laws so having a defined set of parameters addressing concerns such as day-to-day responsibilities during traumatic events such as hospitalization or death, and break ups may be very useful and add a certain level of protection to one or both partners. These are legally binding contracts especially if each party consults an attorney so, in a court of law the terms of the contract will direct the results of a case. This is because in the absence of the law any disputes will fall under the jurisdiction of the contractual regulations. It is highly recommended to have this document notarized.
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How to Use a Cohabitation Agreement
A couple signing a Cohabitation Agreement
The Cohabitation Agreement should cover several important points. In order for the law to recognize two partners as partners without a marriage or civil partnership the Cohabitation Agreement should cover a partner’s right to an inheritance in the event of death. The law would consider partners as strangers without anything linking them otherwise. It should also designate each partner as a health care proxy in cases where emergency medical treatment decisions are necessary. It should be noted this will not act as a medical power of attorney and will not carry the same weight or be as extensive. If children are present and one partner wishes the other to take sole guardianship of the child, in the event of long term hospitalization or death, it must be explicitly made clear in the agreement. This is the only way to ensure that the remaining partner will be able to remain with the child.
A Cohabitation Agreement should also cover day to day living such as who handles which debts and financial responsibilities. It may also act as a prenuptial agreement if so desired or define how property and assets should be divided and will serve to protect the weaker partner in the event of a breakup should he or she be financially dependent on the other.
Now many unmarried couples have children or have one partner as financially dependent on the other – possibly for years. It should cover the financial obligations, address how properties or assets would be divided, and in the case of two parents cover child support issues. In addition to child support issues it should cover custody and visitation rights [this is not a binding agreement but will carry a certain weight unless abuse is involved].
As mentioned earlier, Cohabitation Agreements may be drawn up between two individuals who plan on living together for a long period of time on a property without any romantic involvement whatsoever. Such agreements would cover points such as financial responsibilities and ownership of property and assets. In either case, it may serve to give decision making power to another in the event incapacitation. Here also, this will not carry as much weight as a financial power of attorney but will still be applicable in a court of law. In the event a partnership dissolves, it will also determine how the assets and property gained jointly should be divided.
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