Cohabitation Agreement Pa

As a general rule, unmarried unions do not enjoy the same rights as married persons, particularly with respect to property acquired during a relationship. Marital law and other marriage laws do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabiting is less clear than that of couples whose property is governed by matrimonial and community property laws. Some property acquired by unmarried couples may be in common, but it can be difficult to share this property when the relationship ends. There is no financial support obligation for a couple who live together without a contrary agreement. If you are financially dependent on a romantic partner and the relationship ends, the effects of separation can be much harder. In child custody cases in Pennsylvania, it is very likely that a judge will have joint custody of both parents; However, a parent is the «primary physical administrator.» This person will make the «main home» available to the child. With a cohabitation agreement, you can decide these issues between you and your partner instead of letting the judge decide for you. A cohabitation contract is a legally binding treaty, so it is important to take into account all the details that must be included in the agreement before it is signed. In addition to the fundamental aspects of cohabitation, couples should consider all personal assets or transactions they wish to include in the contract. Other legal issues that can affect couples with cohabitation are estate planning and medical care. As a general rule, a person who lives with another is not considered an heir under the law or has the same right to make medical care decisions in the same way as a spouse. Therefore, unmarried roommates may consider, in addition to an unmarried agreement, estate planning and power.

In practice, a cohabitation agreement provides legal protection that would otherwise not be available to unmarried couples. For example, you and your partner can have a savings account with a balance of $10,000. If the relationship seems to be heading for separation, one of you could withdraw the entirety of your savings account and there is nothing the other person can do about it. There is no legal split for the partner who withdrew the funds and no legal recourse for the partner who was left with an empty savings account. However, if a couple has the same savings account and one of them withdraws the full amount, the other person still has a reasonable interest in the $10,000 and is entitled, under the Divorce Act, to any share that the court deems fair. The Munson and Beal case was unique because the parties were a same-sex couple who were not allowed to marry traditionally for part of their life together. The Supreme Court clarified that the consideration of a period of living together would not be limited because of sexual orientation. The court stated: «We also note that pre-marriage cohabitation does not apply only to same-sex couples .

. . . . Our view that the court may consider cohabitation before marriage applies to all divorce proceedings. Higher courts in other countries have looked at the same problem with different results. An unmarried contract should deal with similar topics: more and more couples are choosing not to marry. This means that disputes between unmarried couples are multiplying. If you`re married and you`re splitting up, you can go to the divorce court. A cohabitation agreement is how to protect yourself if you are not married. If you are living with another important person or are considering moving in with another important person, then contact me to discuss the benefits of a cohabitation agreement for your particular circumstances.