Maryland Cohabitation Agreement for Unmarried Partners
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FAQ
Couples who wish to become domestic partners must provide two pieces of documentation evidence of their bond; examples may include proof of joint liability for a mortgage, lease, or loan, a joint checking account, a life insurance policy where a partner is the beneficiary, or a relationship or cohabitation contract.
Maryland does not allow the creation of a "common law" marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. Unlike some other states, in Maryland a couple cannot acquire marital rights and responsibilities by living together for a particular period of time.
In fact, members of unmarried couples have no rights to support, unless the two have previously agreed on it. To avoid a tense disagreement about palimony, it's in the couple's best interest to include whether or not support will be paid in a written agreement.
A domestic partner can be broadly defined as an unrelated and unmarried person who shares common living quarters with an employee and lives in a committed, intimate relationship that is not legally defined as marriage by the state in which the partners reside.
It could be a casual arrangement of two young people living together, each with their own income. It could be a decades-long relationship, where one partner depends on another. One person might earn more and spend more.
It is a common misconception that if you have lived together for seven years, you are in a common law marriage. The reality is that there is no magic length of time.
Members of the public, when asked on the street how long a couple had to live together before the woman could call herself a 'common law wife', gave answers ranging from 1 year, to 5 years and even 20 years.
Couples who wish to become domestic partners must provide two pieces of documentation evidence of their bond; examples may include proof of joint liability for a mortgage, lease, or loan, a joint checking account, a life insurance policy where a partner is the beneficiary, or a relationship or cohabitation contract.
A common law marriage cannot be created in Maryland. A couple cannot acquire marital rights and responsibilities by living together for a particular period of time or holding themselves out as spouses. Legal action is not required to dissolve such a relationship.
