What is a cohabitation Agreement?

A Cohabitation agreement is a contract between two people living together but unmarried, which outlines the division of assets, financial contribution, debt, and support, in the event of separation.  

Why Should An Unmarriead Couple Have A Cohabitation Agreement?

For the protection of assets in the event of separation.

Massachusetts does not recognize common law marriage, regardless of how long the couple has lived together. Unmarried couples are not protected by Massachusetts divorce law regarding the division of assets or in the event of the death of a partner.

For example, divorce law gives a percentage of the marital home to each spouse, even if one spouse is not on the deed. However, when a couple is not married, the partner who is not on the deed is not entitled by law  to any equity in that home, even if that party contributed to the maintenance of the home, paid money towards the purchase or mortgage, or provided home improvements. In that situation, the aggrieved party would need to file a complicated complaint in equity in the Superior Court, where divorce law will not apply.

In Massachusetts, when a married spouse dies, there is an automatic spousal share entitled to the surviving spouse, regardless of whether estate planning documents have been drafted.

Unmarried couples do not have that protection.

What Law Applies to Cohabitation Agreements?

Massachusetts Cohabitation Agreements are enforced through Massachusetts contract law.

The contracts must be in writing, must be entered into freely and voluntarily, with proper consideration for the terms, and not be against public policy. Oral agreements will not be enforceable without filing a complicated complaint in equity in the Superior Court.

Can Cohabitation Agreements Address Issues with Children?

Massachusetts Cohabitation agreements cannot determine custody or child support matters.

Unmarried couples can file a complaint for Custody, Support and Parenting time pursuant to Chapter 209C with the Probate and Family Court to address custody issues, parenting plans, and child support.

We at Fleischer Law Solutions have over a decade of experience representing parents in custody and support issues. Contact us today for a consultation concerning your rights as an unmarried couple and to discuss whether a cohabitation agreement is right for you.