Cohabitation Agreements

What is a cohabitation agreement?

A cohabitation agreement is an understanding about the expectations and obligations between people that are not married or in a civil union, who are setting up a household together. If you and your partner decide to enter in to a cohabitation agreement, it is vital that you both do so freely and voluntarily, with full disclosure of each other's financial circumstances.

Why Should You Have a Cohabitation Agreement?

When unmarried people live together, each partner should have certain expectations regarding finances, property and obligations to each other. Your partner may not have the same expectations as you do.

Although a cohabitating or unmarried couple can separate without having to go through a formal process like a divorce or dissolution, breaking up is more difficult for them as there is no recognized structure or process for doing so. For example, what will happen to all of the assets that were acquired together with your partner? How is property to be held? How is property to be titled?

What type of cohabitation agreement do you need?

There are different types of agreements: implied; oral; and, written.

An implied agreement has unspoken understandings between the partners that can be implied from their conduct. These types of agreements are often difficult to prove, because the conduct of the partners is subjective, not objective.

An oral agreement is one made through spoken words. When a relationship ends, people often lie. A written agreement cannot lie.

A written agreement is signed by both parties, and includes details, terms and conditions that determine exactly what the agreement is and what the parties are required to do and not to do.

bold Do you need an attorney to do a cohabitation agreement?***endbold Not necessarily. However, an attorney, especially one knowledgeable in family law or domestic relations law, will know all of the issues that need to be addressed by the cohabitation agreement. Additionally, a family law attorney or domestic relations attorney can assist you in avoiding pitfalls that may result in the cohabitation agreement becoming unenforceable. Each partner should have separate attorneys, to prevent any type of conflict of interest and to avoid any later claims of duress or undue influence which could cause suspicion for the enforceability of the cohabitation agreement by the Court.

Greater Cincinnati and Northern Kentucky have many types of lawyers. If you find yourself in need of a cohabitation agreement, it is important to ensure that your rights are protected by a family law lawyer with required skill and experience.

You need a good lawyer to represent you and to protect your rights.

We are good lawyers.
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With our guidance, you will get through this tense time in your life. Please call or email our law firm to schedule your free, initial and confidential consultation about your cohabitation agreement needs.

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