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.
Maryland Cohabitation Agreements
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US-APP1D
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FAQ
As defined in Maryland statute, a domestic partnership means a relationship between two people (opposite sex or same sex) who are at least 18 years old, are not related to one another, are not married or in a civil union or domestic partnership with someone else, and agree to be in a relationship of mutual
In Maryland, same-sex marraige was legalized on November 6, 2012 and the law was enacted later that month. Couples in domestic partnerships in Maryland have the option to remain domestic partners or to get married.
So yes, you can write your own cohabitation agreement. 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.
How To Write a Cohabitation AgreementNames.The address the parties are currently living in or intend to live in.Date of writing the agreement.Governing state.
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.
Maryland's laws recognize unmarried couples who live together as a unique situation. Their situation is not a marriage, which would typically demand that most assets are split upon a divorce, but it also isn't just a friendship relationship where no assets are shared.
In most states that recognize it, there are four common requirements to establish a common law marriage: You must live together, have the capacity to marry (you are not married to someone else), intend to be married and hold yourself out to friends and family as being a married couple.
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.
Like most valid contracts, to be legally binding, a cohabitation agreement needs to include both party's names and addresses. It needs to be signed by each party and it is a good idea to also have the agreement notarized.
