As a reminder, each party should seek independent legal assistance before implementing this agreement, as you may waive the rights to which you are entitled in the context of a common law marriage. Does your cohabitation agreement have to be written down? While it is literally true that there is nothing in Florida law explicitly requiring fraud that a cohabitation agreement must be written, it must absolutely be. Without a cohabitation agreement, you may be forced to take care of your partner`s debts if you separate. This means that you could be at the bank not only for rental and incidental expenses, but also for household and personal property. This agreement can also help ensure that all assets you acquired prior to the relationship remain in your possession when the relationship ends. For example, in most marriages, both partners are entitled to shared ownership and spousal assistance upon the arrival of a legal grouping, while partners in a common life relationship without a signed agreement do not have similar rights. One of the reasons Florida allows cohabitation agreements is that the right to contract is one of the most untouchable rights guaranteed by our basic law. During the relationship, this agreement can be helpful in describing how you and your partner manage your day-to-day finances, including sharing rents, mortgage payments and bills. The agreement can also determine which partner owns what – and to what extent – and allow you to agree on how your property (including personal effects, savings and other assets) is divided in the event of a relationship breakdown. While a simple cohabitation agreement may be enough to protect your interests, anyone could benefit from professional support. A lawyer can help develop an agreement that is consistent with local laws and addresses potential liabilities that arise in common life.
Contact an experienced family lawyer for some rest before signing. Florida is actually unique in the writing requirement. Of the other states that recognize contracts between unmarried roommates, only three – Minnesota, New Jersey and Texas – have decided that such agreements should be written, and all three of those jurisdictions have passed laws that explicitly contain this requirement. Given that one of the main objectives of an agreement is to reduce the risk of lengthy litigation and excessive legal fees, the lack of a strong and written agreement on cohabitation is counterproductive. You should use a cohabitation contract if you and your partner know that you are going to live together for a long time, but you do not want to get married. An agreement allows you to both confirm whether the property is identified as a separate (or common) property for legal purposes and to prepare both partners to think about how future assets and/or incomes could be distributed in the future.