Protect Your Partner and Your Plan This Year
Many Seattle couples build a life together without getting married. You share a home, split bills, plan joint trips, and talk about the future together. You may also make a point of keeping your assets separate. Under Washington law, you probably have a so-called “committed intimate relationship,” and you may be accumulating an interest in one another’s assets without meaning to.
If one of you gets sick or passes away, things may not go as you intended. Without clear legal documents formalizing your intent, an unmarried partner might have no say in medical choices and no right to stay in a shared home. Instead of your partner making big decisions on your behalf, family members may step in. Complications may arise concerning who has the right to what property.
A Cohabitation Agreement, paired with essential estate planning documents, can change that. A Cohabitation Agreement gives unmarried couples a written plan for how your property is owned, how to handle money, and what happens if one of you cannot handle important financial and health care decisions for yourself.
At Salmon Bay Law Group, we provide friendly, practical guidance to help unmarried partners make a plan that fits their lives.
- We work with one or both partners to create thorough and effective estate planning documents.
- We represent one partner in drafting and negotiating a Cohabitation Agreement. The other partner must have his or her own attorney as well for the agreement to be effective.
Why Unmarried Seattle Couples Need Extra Protection
Washington law carves out special protections for married couples, including community property rules and protections if one spouse dies. Different rules apply to unmarried partners, even if you have lived together for many years or share almost everything.
In Washington, unmarried partners often have a so-called committed intimate relationship or “CIR.” A partner in a CIR may unwittingly begin to accumulate rights to the other partner’s property, even if the partners “keep everything separate.”
For example, if one partner contributed money or labor to improve the home, that partner may have a right to a portion of the home’s value, even if their name is not on the deed. This can greatly complicate matters if the partners separate or if one of them dies.
At the same time, without proper documents in place naming one’s partner to be able to act in an emergency – such as Durable Powers of Attorney (“DPOAs”) – the partner may be shut out of important decision making processes at a time when they are most needed.
Some common areas of risk for unmarried couples include:
- A house or condo titled in only one partner’s name, even though both help pay the mortgage or utilities
- Joint purchases like cars, furniture, or pets paid for with funds of both partners
- Informal “we will figure it out later” understandings that are never written down or formalized
- Inability to act on your partner’s behalf or to keep unwanted family members from stepping in during an emergency
When things are going well, it is easy to assume you and your partner are on the same page. Complications can arise if you and your partner separate, however, or if one of you becomes seriously injured or passes away. Without clear paperwork, the partner who is not on the title or account may have no legal claim – or may have a claim that neither partner intended.
Without proper estate planning, the intentions of an unmarried partner may be overruled by Washington intestate laws. If you do not have the right documents, an unmarried partner may:
- Have no automatic right to inherit the property of their long-term partner
- Be left out of medical and end-of-life decisions
- Face tension or disputes with their partner’s parents, siblings, or adult children
Planning ahead isn’t about expecting the worst. It is about formalizing the intent of both partners so that you both can be protected — during your lifetimes and at death.
How a Cohabitation Agreement Supports Your Estate Plan
A Cohabitation Agreement is a written contract between unmarried partners who reside together. It sets out how unmarried couples own property, share expenses, and what happens upon separation or death. It is a roadmap for the financial and legal side of an unmarried couple’s partnership. Each partner will have his or her own attorney when creating a Cohabitation Agreement.
A Cohabitation Agreement often works together with basic estate planning tools such as:
- A Will that directs who receives your property at death
- Powers of Attorney that designate a trusted individual to make financial and medical decisions if you cannot
- Beneficiary designations on retirement accounts and life insurance policies
When these pieces match each other, you can make a consistent plan, regardless of the obstacles life may present. For example, if only one partner is on the deed or title of the house, but both contribute to the mortgage payments, a Cohabitation Agreement can explain how you share equity. Your Will and other documents can then match that plan so there are fewer surprises later and your loved ones can be kept informed of your intentions.
Unmarried couples of all types and ages can benefit from creating a Cohabitation Agreement. Many individuals find their partners later in life, after owning homes or having children from prior relationships or marriages.
In these situations, one partner might want to make sure a child keeps an interest in a family home, while also making sure a current partner can live there comfortably. A written agreement helps achieve these goals in a clear, respectful way.
Key Issues to Address in a Cohabitation Agreement
Every couple is different, but there are some topics that almost always come up in our discussions with unmarried people seeking to create a Cohabitation Agreement. Below is a short list of topics that our attorneys can discuss with you:
Property ownership and contributions:
- Who owns what right now, including real estate, cars, and major items
- How new property will be titled in the future
- How to treat improvements to property, such as when one partner helps pay for a remodel of the other’s home
- How to handle different income levels or savings habits
Day-to-day finances:
- How rent or mortgage payments will be split
- Who pays which utilities, household bills, and subscriptions
- How to handle groceries, travel, and large shared purchases
- Whether to use joint bank accounts or keep things separate
Separation and life changes:
- What happens with the house or lease if you break up
- How to handle shared property or debts at separation
- What happens if one partner becomes disabled or cannot work
- How the Cohabitation Agreement and your estate plan work together when one partner dies
Spelling these things out does not make your relationship less loving. It can reduce stress, set fair expectations, and protect both of you if life takes an unexpected turn.
Blended Families, Aging Parents, and Complex Dynamics
Relationships later in life often come with additional dynamics to consider when creating a Cohabitation Agreement or estate plan. Many couples are thinking about children from previous relationships, aging parents, or their own future care needs.
For blended families, a Cohabitation Agreement can help you:
- Clarify what property or assets are meant to go to children from prior relationships or marriages
- Decide what your partner may use or live in during their lifetime
- Reduce tension between a partner and adult children after the other partner’s death
Older adults or those caring for parents may also need to think about:
- How caregiving roles will be shared or supported
- Where each partner and any parents might live if health or financial needs change
- How certain planning choices might affect eligibility for long-term care benefits
When these issues are not discussed, family conflict can create additional stress during demanding times, such as when one partner becomes incapacitated or passes away. Written expectations can ease strain between surviving partners, adult children, and other relatives. While a Cohabitation Agreement may not resolve interpersonal disagreements, it can ensure that everyone is on the same page and that your wishes are formalized with a set plan of action.
Steps to Create a Cohabitation Agreement That Works
The hardest part is often starting the conversation with your partner. Having a discussion about what happens if one of you needs to act for the other can be difficult, and many find it challenging to think about these situations. It can help to talk during a calm moment, not in the middle of a disagreement about money or chores.
You might start with simple questions such as:
- What feels fair to each of us around the home and monthly bills?
- What do we each want to happen to our property if we die first?
- Who do we trust to make medical choices if we cannot speak for ourselves?
Before meeting with a lawyer, it is helpful to gather:
- Deeds or lease agreements for your home
- Bank, investment, and retirement account statements
- Life insurance and long-term care insurance policies
- Any prior agreements, such as separation agreements or court orders
- Any current Wills and Powers of Attorney
Working with a local attorney who knows Washington law is important. A lawyer can explain how state rules affect unmarried partners, help you think through your short-term and long-term goals, and make sure your Cohabitation Agreement and estate planning documents operate together. Your attorney can help you create a cohesive plan that reflects your real life and gives you both greater peace of mind.
Protect Your Future Together With a Clear Agreement
If you are living with a partner or planning to move in together, we can help you put the right protections in place with a Cohabitation Agreement. At Salmon Bay Law Group, we work with you to clarify expectations around property, finances, and responsibilities so you both have confidence in your plan. Reach out today through our contact us page to schedule a time to talk about your situation and next steps.