Rights and Responsibilities of Cohabitants
Are you considering moving in together or are you already living together? Or have you lived together and are now separating? Have you thought about what will happen to your property if the relationship ends? And what about your home or children? Many couples live together without a cohabitation agreement and do not consider the legal consequences. But the consequences can be far-reaching. After all, cohabitants are subject to a different legal regime than married couples. For example, as a cohabitant, you are not entitled to spousal support if you end the relationship.
The legal side of cohabitation
Living together has legal implications, even if you are not married. It is important to make clear agreements in advance, for example about:
- The home: Who will live in the house if you separate? And what happens if you are joint owners? How will you get your personal contribution back if you paid more for the house than the other person?
- Household goods and finances: How will you divide joint property and joint accounts?
- Children: What are your rights and responsibilities if you have children together? Think about custody and visitation arrangements. Have you acknowledged the children? Has custody been registered?
- Cohabitation Agreement: Drawing up a cohabitation agreement provides clarity and prevents litigation in the event of separation. If you decide to end your relationship, we will help you interpret the agreement as clearly as possible and guide you through the process of separating.
Those who live together without a cohabitation agreement run an additional risk when they separate. After all, there are no legal agreements about property, debts or partner contributions. It is therefore wise to seek legal advice on the rights and obligations of cohabitants in order to avoid unpleasant surprises.
Our family law attorneys are ready to assist you in drafting contracts or resolving disputes when cohabitation has ended. Mediation is often an appropriate way to do this. We take a holistic approach, focusing on mutual relationships, parenting and your wishes for the future.
Would you like legal advice about cohabitation?
Please contact one of our family law attorneys to discuss your situation without obligation. We look forward to helping you.
