Cohabitation Agreements

Attorneys & Staff Members Who Support this Practice Area

Couples living together often feel as if they have the inferred obligations and expectations of marriage, but with fewer legal rights and protections. With many couples opting to live together before — or instead of — getting married, it’s important to put safeguards in place that are recognized by the courts.

Rather than settling matters in court after the fact, at Copps DiPaola Silverman, PLLC we recommend drawing up a cohabitation agreement that establishes a framework for any future disagreements that may arise.

In New York, creating a legal basis for cohabitation often involves contract law. Similar to a pre-nuptial agreement, a cohabitation contract can protect your interests and avoid disputes that often come with the dissolution of a domestic partnership. These areas include:

Ownership or dissolution of jointly-owned real estate
Savings, investments and other assets accumulating during the partnership
Responsibility for debts and liabilities incurred during the partnership

If you’re considering cohabiting or are currently cohabiting with someone, our attorneys can help you draft an agreement that protects your present and future rights and interests.

What legal recourse do you have if you decide to end long-term cohabitation and don’t have an agreement?

Couples living together without an agreement often confer obligations and expectations of marriage on each other, but with far fewer legal rights and protections. By opting to live together before — or instead of — getting married, couples may purchase real estate together, share bank accounts, purchase personal property (like furniture or other expensive household belongings), and they may incur substantial debt in joint names. Then, when the relationship dissolves, they need assistance figuring out how to untangle their joint assets and liabilities. This can be done by written settlement agreement – similar to a post-nuptial agreement. If the parties are unable to reach an agreement, it can also be done by litigation.

Copps DiPaola Silverman, PLLC practices primarily in the following counties:

Albany County
Columbia County
Fulton County
Greene County
Montgomery County
Rensselaer County
Saratoga County
Schenectady County
Schoharie County

If you need advice or assistance regarding a cohabitation agreement or situation that you are involved in, or would like to set up a consultation appointment, please contact office@theCDSLawFirm.com or (518) 436-4170.