What is a Cohabitation Agreement in Massachusetts?
A growing percentage of American adults are living with romantic partners on a long-term basis without actually getting married (Pew Research Center). Without marriage, there are only limited statutory family law protections. For that reason, a cohabitation agreement can be a very valuable tool for couples who want to intertwine their lives without formally tying the knot. Here, our Peabody family law attorney provides an overview of cohabitation agreements in Massachusetts.
Background: A Cohabitation Agreement Is a Private Contract Between Unmarried Partners
Massachusetts does not recognize common law marriage. As a result, unmarried partners who live together generally do not receive the legal protections that apply to married spouses during a divorce. That is a reality that long-term cohabiting romantic partners need to know about. The implication is that courts will not automatically divide property, allocate financial obligations, or award support simply because two people lived together in a long-term relationship. A cohabitation agreement addresses this gap through contract law. Among other things, the contract allows the parties to define their respective financial rights and obligations while they live together and in the event that the relationship ends.
Cohabitation Agreements are Focused Largely on Financial Matters
Cohabitation agreements typically focus on financial arrangements between the partners. Many couples combine aspects of their financial lives without clearly defining ownership interests. For example, partners may jointly purchase real estate, contribute to shared expenses, or support one partner’s career development. This type of formal agreement can clarify how these financial relationships operate. Among other things, you and your partner can define ownership interests in a residence, determine how mortgage payments will be allocated, and address responsibility for shared household expenses.
You and Your Partner Can Establish Clear Rights if the Relationship Ends
Another core objective of a cohabitation agreement for many unmarried couples in Massachusetts is the planning for the possibility that the relationship may end. It can be hard to think about, but it is something to be ready for. Remember, Massachusetts law does not provide divorce-style protections for unmarried partners. For that reason, couples often face uncertainty regarding property rights and financial responsibilities. A cohabitation agreement can establish clear procedures for resolving these issues. The parties may determine how jointly owned property will be divided, whether one partner will buy out the other’s interest in a shared home, or how certain assets will be distributed if the relationship terminates.
Know the Limits: Are you an unmarried parent who is cohabiting with your co-parent? It is important to know that a cohabitation agreement can be valuable, but it cannot be used to handle issues of child custody and child support. Custody and support should be handled separately under Massachusetts law.
Contact Our Peabody Family Lawyer Today
At Reade Law Firm, PC, our Massachusetts family law attorney has the knowledge, skills, and experience to help you with all aspects of a cohabitation agreement. Contact us today for a fully confidential, no obligation initial consultation. From our Peabody law office, we handle family law cases in Essex County and throughout the region in Massachusetts.
Source:
pewresearch.org/social-trends/2019/11/06/marriage-and-cohabitation-in-the-u-s/