sERVICE
Cohabitation Agreements
A valid Cohabitation Agreement can address what matters most to you and your partner. Please note that Salmon Bay Law Group can only represent one unmarried partner during the creation of a Cohabitation Agreement, but we can provide referrals for the other partner. Below is some general information about Cohabitation Agreements to help you prepare for meeting with an attorney.
What is A Cohabitation Agreement?
Unmarried couples who reside together may choose to create a formal contract to plan for long-term responsibilities and allocate the division of assets or obligations. These contracts are commonly known as “Cohabitation Agreements.” Cohabitation Agreements are also referred to as “living together agreements” or “living together contracts.”
What does a Cohabitation Agreement Address?
Some couples choose to create a Cohabitation Agreement to formalize how property, debts, and other obligations are shared within their relationship. Because Washington state laws do not automatically protect against the rights of an unmarried partner, Cohabitation Agreements can formalize your and your partner’s wishes for how assets and debts will be treated during your relationship and in the event your relationship ends.
Washington state does not recognize common law marriages in the way that some other states do. This means that, even after residing with your partner for several years, you are not automatically entitled to the same rights that a spouse or registered domestic partner may have. This does not necessarily mean that unmarried partners are treated legal strangers upon death or dissolution of the relationship. Under Washington law, partners living together in such a relationship may develop rights in each other’s property, even if they “keep everything separate.”
Washington state recognizes Cohabitation Agreements as contracts made between two individuals. Cohabitation Agreements are desirable for long-term couples who are interested in delineating ownership or management of joint and separate property. The goal of a properly written Cohabitation Agreement is to eliminate most factual disputes and ambiguities about what partners intend to happen in the event of dissolution.
We generally recommend that unmarried couples consider making a Cohabitation Agreement if they live together in a committed, intimate relationship. Having a thoughtful Cohabitation Agreement in place can help avoid unexpected and unwanted outcomes.
What is in a Cohabitation Agreement?
Decisions made in the course of drafting a Cohabitation Agreement are similar to decisions made when drafting a Prenuptial or Postnuptial Agreement. Every partnership is different, and we avoid one-size-fits-all agreements. Common considerations can include:
- What property did each partner own before moving in together?
- What expenses are shared? How do you decide how to share expenses and bills?
- How should any disputes be resolved?
- How will property be treated in the event of dissolution or death?
Why Choose Salmon Bay Law Group?
At Salmon Bay Law Group, our Seattle attorneys are experienced in drafting Cohabitation Agreements and also in zealously representing clients who have been asked to sign a Cohabitation Agreement prepared by their partner’s attorney. We take the time to understand your wishes and answer your questions so that you can feel confident when it comes time to sign the agreement. Ultimately, our goal is to help ensure that your Cohabitation Agreement is legally sound and protects what matters to you.
Other Interpersonal Agreements
Couples who are planning to marry may choose to create a Prenuptial Agreement, and married couples may choose to create a Postnuptial Agreement.