A Living Together Agreement Is Valuable for Cohabitating Couples | Andalman & Flynn Law Firm
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A Living Together Agreement Is Valuable for Couples Who Are Not Married But Live Together Whether Heterosexual or Same Sex

Aug 1, 2012 | Family Law

By:  Sara Prose, Esq.

Recently I wrote about whether to consider drafting a prenuptial agreement before you move in together. ( Prenuptial Agreement Blog )  Another option couples may wish to consider is a “Living Together Agreement.”

Upon marriage, couples obtain certain property rights under the law.   For example, spouses obtain a marital interest in one another’s marital pension and 401(k)/IRAs earned during the marriage.  Spouses also obtain a marital interest in real property and personal property obtained during the marriage.

If a couple is not married, there is no marital interest in real property or personal property obtained while the couple lives together.  A “Living Together Agreement,” therefore, may be entered into, to create a legal right to property once a couple moves in together.  For example, if a significant other owns a home and the non-owning significant other moves in, the non-owning significant other will obtain no property interest in the home regardless of whether he or she contributes to the mortgage.  A “Living Together Agreement” could, therefore, provide that the non-owning significant other’s contributions to the mortgage create a property interest that otherwise would not exist under the law.

This is just one way that a “Living Together Agreement” can be valuable to a couple (heterosexual or same-sex) who lives together but do not intend to marry.  If you would like to discuss whether a “Living Together Agreement” is right for you, please feel free to contact Mary Ellen Flynn (meflynn@a-f.net).