Cohabitation Agreement in Washington State

Cohabitation Agreement in Washington State: Protect Your Rights and Assets

Cohabitation – or living together as unmarried partners – is becoming increasingly common in the United States. According to the U.S. Census Bureau, there were 7.5 million unmarried couples living together in 2019, up from 6.7 million in 2010. For many couples, cohabitation is a way to explore their compatibility before getting married, or a long-term alternative to marriage. However, cohabitation can also create legal and financial challenges, especially if the relationship ends.

If you are living with your partner in Washington State, you may want to consider a cohabitation agreement to protect your rights and assets. Also known as a domestic partnership agreement or a non-marital agreement, a cohabitation agreement is a legally binding contract that defines the terms of your relationship and outlines how property, debt, and other assets will be divided in case of a breakup, death, or other events.

Why Do You Need a Cohabitation Agreement?

Without a cohabitation agreement, you and your partner may have fewer legal rights and protections than married couples. For example, Washington State does not recognize common law marriage, which means that you cannot acquire marital rights and obligations simply by living together for a certain period of time. As an unmarried couple, you may not be entitled to:

– Spousal support or alimony

– Division of property and debts acquired during the relationship

– Inheritance rights

– Health insurance or other benefits from your partner`s employer

– Social Security benefits based on your partner`s earnings

– Automatic right to make medical or financial decisions for your partner if they become incapacitated

A cohabitation agreement can help address these issues and clarify your respective responsibilities and expectations. It can be especially useful if you and your partner have different financial resources, children from previous relationships, or other complex situations.

What Should Be Included in a Cohabitation Agreement?

A cohabitation agreement can cover a wide range of topics, depending on your needs and preferences. Some common provisions include:

– The purpose and scope of the agreement

– The duration of the relationship

– The definition of property and assets, and how they will be owned and divided

– The allocation of household expenses, including rent, utilities, food, and other bills

– The responsibility for debts incurred during the relationship

– The treatment of gifts, inheritances, and other income

– The provision of spousal support or alimony, if any

– The establishment of a joint bank account or credit card

– The procedure for resolving disputes, such as mediation or arbitration

– The condition for terminating the agreement, such as marriage or mutual agreement

– The signature and acknowledgment of a notary public or other witness

It is important to consult a lawyer who can help you draft a cohabitation agreement that is tailored to your specific situation and complies with Washington State law. The agreement should be signed by both partners and kept in a safe place where it can be easily accessed if needed.

Conclusion

A cohabitation agreement can provide peace of mind and protection for unmarried couples who live together in Washington State. It can clarify the legal and financial aspects of the relationship and avoid costly and stressful disputes in case of a breakup. If you are considering a cohabitation agreement, be sure to consult a qualified attorney who understands the local laws and can help you navigate the process.