My Significant Other and I Are Planning to be Together Forever. Why Would We Need a Cohabitation Agreement?

Unmarried couples choose to live together for many reasons. Some may want to test the waters before getting married. Some want to save money on rent and utility bills. Others may simply want to spend more time with their partner. Some may not want to get married at all. Unlike married couples, however, cohabitating couples do not have certain rights that come with marriage, such as the right to divide property and allocate debts if they split up, or the ability to file joint tax returns. To protect themselves from the problems that can result from these issues, many unmarried couples sign cohabitation agreements to secure some of these rights.

What a Cohabitation Agreement Actually Covers

A cohabitation agreement is a legal contract between a couple that clarifies the financial commitments and responsibilities of each person. Cohabitation agreements are highly customizable and can include property ownership, division of assets and debts, financial responsibilities, support obligations, arrangements for pets, and dispute resolution. A written cohabitation agreement is especially important for unmarried couples who own real estate together. Without a written agreement, unmarried couples who later break up could face problems establishing who owns the property if they own it other than equally.  As with any contract, each partner should be represented by their own individual attorney during the drafting process to ensure that the agreement is fair.

How a Cohabitation Agreement Differs from A Prenup

Cohabitation agreements are not the same as a prenuptial agreement, or “prenup.” Prenuptial agreements are negotiated in contemplation of the couple getting married, whereas cohabitation agreements are exclusively for unmarried couples. If the couple later gets married, the cohabitation agreement becomes invalid.

What happens If You Don’t Have One

Couples can express their clear intentions through cohabitation agreements, ensuring that their rights are protected if the relationship ends. The enforceability of a cohabitation agreement is governed by contract law. An experienced family law attorney at Paule, Camazine & Blumenthal, P.C. can assist you in drafting your cohabitation agreement and can ensure the terms are fair.

*This blog was written with the assistance of Caroline Vaaler, Saint Louis University Law student, anticipated graduation 2026.