This document contains general comments on drafting a cohabitation agreement for couples living together without the benefit of matrimony. It also includes a cohabitation agreement and numerous clauses that may be included in the agreement, such as residency, financial support, out-of-wedlock child, and responsibility for housing costs.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.Indiana Acuerdos de convivencia - Cohabitation Agreements
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FAQ
Although Indiana has not recognized common-law marriage since 1958, it does generally recognize marriages validly entered into in other States unless the marriage violates Indiana public policy.
Is a cohabitation agreement legally binding? A cohabitation agreement is a legal document, enforceable by the court if it is properly executed and providing you have both been honest about your finances and each obtained separate legal advice upon its terms.
As of 2022, only two states, Michigan and Mississippi, have enforceable laws on their books against cohabitation. Michigan's law was implemented in 1931.
In Indiana, a cohabitation agreement is a legal agreement outlining the rights and responsibilities of unmarried partners (homosexual or heterosexual) who live together. This agreement includes entitlements and also specifies methods of dividing assets and liabilities in the event of a separation.
I am often asked if marriage agreements and cohabitation agreements hold up in court. My answer is yes, if done correctly. Couples generally consider marriage (or cohabitation) agreements when one person is coming into the relationship with more assets that the other person.
Indiana does not recognize common law marriages; however, Indiana does recognize cohabitation between unmarried parties. As defined in Bright v. Kuehl, cohabitation exists when parties live together without subsequent marriage. If the cohabitation ends, however, divorce law does not apply.
So yes you can easily write your own cohabitation agreement. But although it is possible to write your own cohabitation contract you should be aware of certain important pre-contract conditions that must be met to make your agreement legally enforceable.
Although Indiana has not recognized common-law marriage since 1958, it does generally recognize marriages validly entered into in other States unless the marriage violates Indiana public policy.
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed.
Living together without being married or being in a civil partnership means you do not have many rights around finances, property and children. Consider making a will and getting a cohabitation agreement to protect your interests.
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