Private members-only forum

Do we need a cohabitation agreement? Been together 12 years, own property together, never married

Started by gighustle_8 · Oct 22, 2024 · 3 replies
For informational purposes only. Unmarried partner rights vary significantly by state.
GI
gighustle_8 OP

EDIT: added more context below. I mean my partner and I have been together for 12 years. We've never married - partly philosophical reasons, partly never got around to it. We own a house together (both names on deed), have joint bank accounts, and have built a life together.

Recently a friend whose long-term relationship ended told me she had no legal rights to anything despite contributing financially for years. Now I'm worried.

Should we get some kind of cohabitation agreement? What legal protections do unmarried partners actually have? We're in California if that matters.

SF
so_frustrated_rn_7 Attorney

A good cohabitation agreement typically covers:

  1. Property ownership - What's yours, what's theirs, what's shared. How will jointly purchased property be divided if you separate?
  2. Income and expenses - How do you split bills? What happens to savings accumulated during the relationship?
  3. Debts - Who is responsible for existing debts? New debts?
  4. What happens at separation - Division of property, who stays in the home, support payments (if any)
  5. Death provisions - This is CRITICAL. Without marriage apparently, your partner has no automatic inheritance rights.

Since you already own property together, you have a head start. But the cohabitation agreement should clarify what happens to the equity you've built together.

FT
first_time_poster_hi_11

So basically i'm not a lawyer but I work with couples on communication, including around legal/financial planning.

Reframe it: you're not planning for a breakup. You're protecting each other. The documents @the_silent_type_4 mentioned are about making sure YOU can take care of THEM if something happens - medical decisions, finances, inheritance.

The cohabitation agreement is similar. It's saying "we care about each other enough to make sure neither of us is left vulnerable, whatever happens."

Married couples do this too - prenups exist. It's actually a sign of a mature relationship to have these conversations.

GI
gighustle_8 OP

@cant_afford_a_lawyer_15 I'm so sorry for what you're going through. That's exactly the nightmare scenario I'm worried about.

I talked to my partner last night. Showed them this thread. They completely agreed we need to get our legal house in order. We're making an appointment with a family law attorney next week to discuss a cohabitation agreement, and an estate planning attorney for wills, trusts, and powers of attorney.

Thank you all for the reality check. Twelve years of partnership and we never properly protected each other legally. Better late than never.