What to Know About Cohabitation Agreements for Unmarried Couples

What to Know About Cohabitation Agreements for Unmarried Couples

Key Takeaways

• A cohabitation agreement is a contract between unmarried people living together.
• It sets relationship rules and outlines expectations during a breakup.
• Unmarried couples without an agreement are not entitled to payments or asset division.
• Washington does not recognize common law marriage or grant rights after long relationships.
• Cohabitation agreements are binding if properly drafted, executed, and signed willingly.

Couples who intend to spend their lives together but don’t want to marry should consider a cohabitation agreement. These agreements are similar to marriage contracts and prenuptials. They outline the rights and responsibilities of both people during the relationship, and provide guidelines for separation.

As is the case with all legal documents, it’s wise to have a lawyer draft or review your cohabitation agreement. They’ll ensure your agreement adheres to contract laws in Washington. Any contract drafted without legal assistance may be voided by a judge during a civil case. Lawyers can easily dissect a contract that was drafted by a layperson, as those documents tend to contain several legal errors. This can create significant complications during a breakup, such as asset loss and financial instability.

Envision Law’s cohabitation agreement attorneys have years of experience in contract law. Using this knowledge, they’ll draft a fair and valid cohabitation agreement for you and your partner. Click the button below to contact us today!

Learn more about what cohabitation agreements are, who should get them, and get the answer to a few frequently asked questions on this subject:

Yours, mine and ours are a lot harder to determine after a few decades

One of the caveats of a community property law is that it only applies to the marital estate, not separate property, which includes:

• What Is a Cohabitation Agreement?
• Who Should Get a Cohabitation Agreement?
• What Should Be Included in Cohabitation Agreements?
• Cohabitation Agreement FAQs

What Is a Cohabitation Agreement?

A cohabitation agreement is a contract between two people who live together but are not married. Typically, the people who enter into a cohabitation agreement are also in a romantic relationship, though it’s not required.

These agreements serve two functions: setting rules within the relationship and setting expectations during a breakup. Provided the relationship stays intact until the passing of one partner, it works similar to a marriage contract, listing the rights and responsibilities of each party. Should the couple ever breakup, the agreement works like a prenup, outlining palimony, custody agreements, and division of assets.

Who Should Get a Cohabitation Agreement?

Any couple that intends to live together for an extended period of time and has no desire to get married should get a cohabitation agreement. Without an agreement, neither party is entitled to future payments or a fair asset split.

With states like Washington doing away with common law marriage, in many places there is no longer a point where a couple is recognized as “functionally married” without explicit action on their part. This means that an unmarried couple in Washington who has been together for years has no special rights if the relationship were to end.

Cohabitation agreements put an end to this concern by serving as a replacement for a marriage contract. However, they’re only effective if handled by an experienced contract law attorney.

What Should Be Included in Cohabitation Agreements?

No two cohabitation agreements are exactly the same, as they are all tailored to meet the unique needs of a couple. Keeping the variability of cohabitation agreements in mind, here are some items they can address:

• Asset division: In the event that a couple splits, courts need to know how your assets will be divided. As an unmarried couple, there is no legal guarantee that either party will receive any particular item that they share. This includes everything from vehicles and houses, to jewelry and electronics. Outlining the division of assets tends to make a separation much simpler, ensuring each party is treated fairly.
• Estate planning: Estate planning is particularly important for couples with a lot of wealth. Much like in a prenuptial agreement or a marriage agreement, you can outline healthcare directives, child care, pet care, end-of-life care, and inheritance plans for your accounts. This will ensure that both parties’ money goes to the desired location or person.
• Financial account arrangements: Before you start your life together, you should clarify how you plan to arrange your finances. You can set up joint accounts during this stage or agree to separate accounts. If you set up any joint accounts, you can lay out the way they’ll be divided in the event of a separation.
• Custody agreements: Some cohabitating couples choose to have children as well. If this is the case for you, it’s important to set up a custody agreement. This will determine how custody is arranged if you and your partner end your relationship.
• Social media stipulations: Much like in a prenup, couples can add social media rules that apply after a breakup. These usually include agreements not to make disparaging posts about an ex-partner after a breakup, but can go as far as not posting specific photos or mentioning certain events.
• Continuing support payments: Neither person in an unmarried couple is entitled to continuing support payments unless you have a child together. A cohabitation agreement can include arrangements for palimony payments (alimony but for unmarried couples) in the event of a breakup.
• Family member support plans: Many adults provide financial assistance for their aging parents, which could be impacted once a breakup occurs. When creating a cohabitation agreement, a lawyer can add arrangements for continuing parental care, even if the couple separates.

Cohabitation Agreement FAQs

Can I draft my own cohabitation agreement?

Yes, it is perfectly legal to draft your own cohabitation agreement with your partner. However, it’s important to understand the benefits of having this agreement drafted by an attorney.

Cohabitation agreements are contracts just like any other. They are only legally binding if they are in line with your state’s contract laws. If you have a contentious separation, there’s a chance that your ex-partner could hire a lawyer to capitalize on any flaws in the agreement.

When you hire a lawyer to work on a cohabitation agreement, they’ll be sure to make it adhere to all relevant contract law stipulations in the state of Washington. This will ensure that the agreement is valid, and will hold upon separation, should it ever occur.

How binding is a cohabitation agreement?

Cohabitation agreements are legally binding provided they meet a few separate criteria. Specifically, they need to be properly drafted and executed, and also signed willingly by both parties.

Cohabitation agreements need to meet all the reasonable expectations of a contract in your state. This agreement, like any contract, can’t require anything illegal, and all the stipulations of the contract must be valid as outlined by state law.

If evidence shows that your cohabitation agreement was signed under duress, that will also nullify the contract. This is part of why it’s important to always have your agreement drafted by and signed in front of an attorney.

Contact Envision Family Law Today

Creating an effective cohabitation agreement that works for both parties is an excellent way to gain peace of mind and security in your relationship. To make sure that your agreement is well-crafted and enforceable, contact one of our seasoned attorneys at Envision Family Law. Our attorneys have years of experience in contract and family law.

Call us today at (888) 211-7814 to start creating your cohabitation agreement.