Securing the Rights of Unmarried Couples
Couples who live together but are not legally married, whether of the same or different sexes, need a written contract in order to have rights if the relationship ends. Much like prenuptial and postnuptial agreements for married couples, cohabitation agreements specify rights to property and other benefits.
Our lawyers have experience in all areas of family law, including the laws that affect same sex couples. Our attorneys can work with you to protect assets and define rights that are important to you and your family.
Establishing Rights Through a Cohabitation Agreement
A common misconception many people have in Pennsylvania is that a couple that lives together for seven years or more was considered to have a common law marriage. However, no such time period ever automatically created a common law marriage and currently, common law marriage no longer exists in Pennsylvania unless the common law marriage occurred prior to January 2005. Unmarried couples do not have the same legal rights as married couples. A cohabitation agreement can establish certain rights, however.
Cohabitation agreements can be beneficial for people with a high net worth as well as people with more modest assets. They are useful for anyone who wants to set aside assets for children or protect assets in the event of the end of the relationship.
Cohabitation agreements are legal contracts detailing the assets and debts each party has before entering the relationship. It establishes the property rights of each party should the couple separate, vacate the residence or if one partner dies before the other.
With a cohabitation agreement in place, dividing assets after the parties cease living together or after a death can be less complex. Issues such as owning real estate together and dividing health care benefits can be simplified if they are addressed in a cohabitation agreement.
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