Cohabitation Agreements

Marriage isn’t for everyone, but many couples live together, buy and sell property together, and go about their lives together as if they enjoyed the protection of New York family law in case their relationship breaks down. They don’t.

If you’re in a close relationship without any concrete plans for marriage, you might consider a cohabitation agreement negotiated and drafted by an experienced lawyer. To learn more about the ways a cohabitation agreement could benefit and protect both you and your partner, contact Jonathan D. Katz, Attorney at Law. From my office in Saugerties, I serve clients throughout the Hudson Valley and the Catskill region, including Ulster, Dutchess, Orange, Greene and Columbia counties.

The following are some of the situations in which it makes sense for unmarried people to consider a written agreement to define their rights and responsibilities in the event of a breakup or other drastic change in their current relationship:

• Cohabitation with or without a joint bank account
• Real estate purchased or held in one person’s name because of the other’s bad credit
• The couple is engaged in business together
• One person pays most of the household expenses
• One person is supporting the other through graduate or professional school

Because state law will be silent as to the resolution of competing interests or claims if your current relationship ends for any reason, it’s up to you to define what’s fair in dividing the assets and indebtedness you’ve accumulated while together. A cohabitation agreement will be interpreted and enforced according to the standard rules of New York contract law. Just about any arrangements you choose to make will be valid, provided they reflect the free and informed agreement of the parties and contain no illegal terms.

I can help you think through the details of your current situation and express the terms of your agreement in clear and unambiguous contractual language. One consideration you should bear in mind is that a cohabitation or domestic partners’ agreement will not be effective to relieve either party of child support obligations under New York law.

Gay or lesbian couples, business partners on intimate terms, and even older couples with prior marriages behind them stand to benefit from documenting a set of defined rights and responsibilities suited to their specific circumstances.

For more information about cohabitation agreements, contact the office of Jonathan D. Katz, Attorney at Law.