Domestic Partnerships

Common law cohabitation can create a legal domestic partnership

Under common law, when partners choose to move in together, whether they are in a traditional heterosexual relationship or a same-sex relationship, or simply friends, there can be legal implications concerning their legal status by virtue of their cohabitation.

Domestic Partnership – Common Law Marriage

Some states have characterized this arrangement as creating a domestic partnership or common-law marriage. Even if there is no intention between the parties to be life partners or get married, having a cohabitation agreement allows the parties to outline the financial responsibilities of each and clearly identify each of their personal and separate property.

States Impose Different Ownership Rights

Depending on your state, this may impose certain personal and real property ownership rights, and if there were children resulting from the relationship, parental and custodial rights, and duties as well.

Some states require a common-law partnership agreement to be in writing, but even if your state doesn’t, it is a good idea to put it in writing. When you write everything down, sign it, and keep a copy, at least you can prove later what was specifically agreed to without worrying about which one of you is to be believed.