Cohabitation Agreement Attorney in Los Angeles

What Is a Cohabitation Agreement & What Does It Do?

A cohabitation agreement is a contract entered into by persons living together but not contemplating marriage. It is similar to a prenuptial agreement and helps resolve factual disputes by clarifying the unmarried partners’ intentions regarding the distribution of their property upon the couple’s separation.

Cohabitation agreements can be used to detail:

• The nature and value of the couple’s property
• How the property will be divided in the event of separation
• How debts and liabilities would be divided
• How expenses will be paid and by whom
• Whether any support obligations will arise at the termination of the relationship
• How property will be distributed at death

If you are interested in learning more about how a cohabitation agreement may benefit you and your partner, please contact the Law Offices of Maria N. Jonsson. Our Los Angeles-based cohabitation agreement attorney offers dedicated legal support backed by over 15 years of experience.

How Cohabitation Agreements Fit into Your Estate Plan

Cohabitation agreements are best paired with an unmarried couples’ trust. Even if unmarried couples prudently set up wills, trusts, and other estate planning documents to ensure that their property is distributed according to their wishes, family conflicts may still arise to derail those carefully laid plans.

Family members who refuse to accept an unmarried couples’ relationship may challenge their estate plan, alleging fraud, duress, undue influence, or a lack of capacity. It is often advisable for unmarried couples to plan ahead for these conflicts by executing cohabitation agreements that include strong “no-contest” clauses in their wills and trusts, documenting their capacity and confirming their intent as expressed in their wills/trusts by way of a certificate of independent review. If a couple anticipates family conflict, they should take advantage of additional tools to ensure their intent is clarified beyond a shadow of a doubt.

Does a Prenuptial Agreement Supersede a Cohabitation Agreement?

A cohabitation agreement can be superseded by way of a prenuptial, or premarital, agreement (PMA) in the event the couple intends to eventually marry. A PMA is a very technical document entered into before marriage in order to establish each party’s property rights and support obligations in the event of divorce. Couples who are already married and who did not enter into a prenuptial agreement may still “determine their own fate” at divorce by entering into a postnuptial agreement to accomplish the same results.