A cohabitation agreement is an agreement between two or more people who are not married to one another who desire to share living quarters.
Why should I use a cohabitation agreement?
A cohabitation agreement is used to establish the rights and liabilities of the parties regarding each party’s real and personal property and any agreements regarding shared debts and liabilities. A cohabitation agreement is a form of legal agreement reached between a couple who have chosen to live together (whether they are heterosexual or of the same sex). In some ways, such a couple may be treated like a married couple, such as when applying for a mortgage or working out child support. However, in some other areas, such as property rights, pensions and inheritance, they are treated differently.
A cohabitation agreement contains documentation for a couple who want to live together, in order to protect themselves from unnecessary cost and litigation should their cohabitation break down. They can regulate clearly their property rights and what arrangements might be made for mutual financial support, dealing with debts, looking after children, etc. The agreement allows the individuals concerned to determine in advance who will keep specific assets and what will happen to assets that have been purchased jointly if they separate. This agreement is intended to bind both parties.
A cohabitation contract helps clarify financial commitments. Working out who pays what and how responsibilities are shared in running the home need sorting out for a harmonious home life. We are especially sensitive to the legal needs of gay individuals. Our attorneys have an extensive understanding of the domestic partnership laws in New York and can effectively provide comprehensive advice and guidance regarding a number of issues affecting same-sex couples. Since gay marriage is not currently legal in New York, same-sex couples are often prevented from being afforded the same rights as married couples. However, some legal and protective actions can be taken to mitigate the effects of this discriminatory treatment..
We are dedicated to helping same-sex families and couples in all of their family law issues, including estate planning and financial matters. New York City Domestic Partnerships provides a legal relationship to the couple so that the couple may be entitled to certain benefits enjoyed by married couples. To enter into a domestic partnership, the couple must register their relationship in before the city clerk and attest their devotion to one another. Individuals who enter into Domestic Partnerships share a common domestic lifestyle, but they have not been joined in a traditional marriage or civil union.