Living Together FAQ

Property Rights of Unmarried Couples FAQ

My partner and I don't own much property. Do we need a written contract covering who owns what?

If you have not been living together for long and don't own much property, it really is not necessary.   The longer you live together and the more property you accumulate together, the more important it is to prepare a written contract making it clear who owns what.  It is prudent and responsible to take the time to draft a well-thought-out contract which clarifies both your intentions. Failure to do so, might result in an expensive court battle if you split up and cannot agree on a division of the property you have acquired.

For a form of Prenuptial / Cohabitation Agreement (same sex included), please go to the Forms Store.

My partner and I are buying a house. Do we need a written property agreement?

It is particularly important to make a written property agreement if you buy a house together. Your contract should cover at least four major areas:

• What percentage of the house do each of you own?  If you don't own the home 50/50, is there a way for the person who owns less than half of the home to increase his or her share, e.g. by fixing up the house or making a larger share of the mortgage payment?

• How is title (ownership) to be listed on the deed:  "joint tenants with rights of survivorship" (when one of you dies, the other automatically inherits the whole house) or "tenants in common" (when one of you dies, your share of the house goes to people named in your will or trust or it goes to blood relatives if you had no will or estate plan)?

• What happens to the house if you break up? Will one of you have the first right to stay in the house (perhaps to care for a young child) and buy the other out, or will the house be sold and the proceeds divided?

• If one of you has buyout rights, how will the house be appraised and how long will the buyout take?

For a form of Prenuptial / Cohabitation Agreement (same sex included), please go to the Forms Store.

My partner makes a lot more money than I do.  Should we have a property agreement covering who is entitled to her income and the items we purchase with it?

Yes.  Although each person starts out owning all of his or her job-related income, many states allow this to be changed by an oral contract or even by a contract implied from the circumstances of how you live. These types of contracts are ripe for misunderstandings. Without a written agreement stating whether income will be shared or kept separate, one partner might falsely claim that the other promised to split his income 50/50. Although this might be tough to prove in court, just the thought of a lawsuit is a problem.   It is a very good idea to make a written agreement if a person with a big income is living with and supporting someone with little or no income.

What is palimony? Should we make any agreements about it?

Palimony is a phrase invented by journalists and is not a legal concept.  It is used to describe the division of property or  support paid after the break up of an unmarried couple.  Unmarried couples are not legally entitled to such payments unless they have a written agreement (or a court finds there was an oral or implied agreement).  A written agreement stating that you both will remain financially independent is the best defense against palimony.

Am I liable for the debts of my partner?

Not unless you have specifically undertaken responsibility to pay a  debt, e.g. by cosigning or charging a debt to a joint account.  Generally, husbands and wives are liable for all debts incurred during marriage, even those incurred by the other person.

If we are living together and one of us dies, how much property will the surviving partner inherit?

Nothing, unless the deceased partner has  1)  made a will   2)  used another estate planning device such as a living trust or joint tenancy agreement or   3)  a contract exists (such as a contract to purchase household furnishings together) and the survivor already owns part of the property.  In the case of married couples, a surviving spouse automatically inherits a major portion of a deceased spouse's property.    To protect the person you live with, you must specifically leave him or her property using a will, living trust or other legal document.