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Difference between revisions of "Cohabitation and Living Together Agreements"

From Clicklaw Wikibooks
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===Deciding whether a cohabitation agreement is appropriate===
===Deciding whether a cohabitation agreement is appropriate===


The usual reason why a couple enters into cohabitation agreements is to protect their separate property and income, so that each person's property going into a relationship is preserved as much as possible if the relationship comes to an end. Sometimes one person wants to preserve property from claims by the other person; sometimes a person will want to protect property from the other person's debts. Generally speaking, most couples who are thinking about executing a cohabitation agreement want a "I'll keep what's mine, you'll keep what's yours" sort of deal, and that's fine.
The most common reason why a couple enters into cohabitation agreements is to protect their separate property and income, so that each person's property going into a relationship is preserved as much as possible if the relationship comes to an end. Sometimes one person wants to preserve property from claims by the other person; sometimes a person will want to protect property from the other person's debts. Generally speaking, most couples who are thinking about executing a cohabitation agreement want a "I'll keep what's mine, you'll keep what's yours" sort of deal, and that's fine.
 
A couple might also enter into a cohabitation agreement to address spousal support if the relationship comes to an end. Sometimes a person will want to guarantee a certain minimum payment, but most often people want to be protected from having to pay spousal support. That's fine too, it happens all the time.


Cohabitation agreements are usually entered into when:
Cohabitation agreements are usually entered into when:
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*one of the parties has significantly more income than the other,
*one of the parties has significantly more income than the other,
*one or both parties expect to acquire property during the relationship from, for example, a business, an inheritance, a court award, a gift, or employment income,
*one or both parties expect to acquire property during the relationship from, for example, a business, an inheritance, a court award, a gift, or employment income,
*one or both parties are bringing a child into the relationship, or
*one or both parties are bringing a child into the relationship,
*the parties expect to have child within the first two years of living together, or
*the parties expect that spousal support may be an issue if the relationship ends.
*the parties expect that spousal support may be an issue if the relationship ends.


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*the couple are young,
*the couple are young,
*neither party has significant property or debt going into the relationship,
*neither party has significant property or debt going into the relationship,
*neither party is bringing any children into the relationship, or
*neither party is bringing any children into the relationship and no children are expected right away, or
*both parties are working out of the home and expect to continue working out of the home.
*both parties are working out of the home and expect to continue working out of the home.