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Cohabitation is an arrangement where two people are not married but live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis.
Unmarried couples who are living together have the option of creating a number of legal documents (often called cohabitation agreements) that can help protect their rights as a couple, while at the same time safeguarding their individual interests and assets.
A Cohabitation Agreement can be ended informally with little or no process depending on the agreement between the parties involved. Marriages must be ended using a formal, legal process such as divorce or annulment.
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.
It's important to have a cohabitation agreement because your lives become financially intertwined when you move in together. This is especially true if you are buying property, but it is also true even if you are renting an apartment with someone else.
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.
Illicit Cohabitation is an offense committed by an unmarried man and woman who live together as husband and wife and engage in sexual intercourse. This offense, where it still exists, is rarely prosecuted.
Components of a Cohabitation AgreementThe date that the parties are entering into the agreement. The name of the parties and the state where they live. A statement that the parties are consensually entering into the agreement to live together. The date the parties began to live together.
Unmarried couples who are living together have the option of creating a number of legal documents (often called cohabitation agreements) that can help protect their rights as a couple, while at the same time safeguarding their individual interests and assets.