More and more couples are choosing to live together without getting married. It’s a personal decision, and for many, it feels like the right one. But if you’re living with a partner outside of marriage, you may not have the legal protections that come with marriage. That can lead to confusion or even costly legal disputes down the line. At Cohen Family Law, we help couples create clear and fair cohabitation agreements that offer peace of mind and financial protection.
What Is a Cohabitation Agreement?
A cohabitation agreement is a written contract between two unmarried people who live together. It outlines each person’s rights and responsibilities during the relationship and what happens if it ends.
It’s similar to a prenuptial agreement but for couples who aren’t legally married. In Arizona, unmarried partners don’t automatically share property rights, so a cohabitation agreement helps define what belongs to whom and how financial matters will be handled.
These agreements often address:
- Property ownership
- How expenses are shared
- Debt responsibility
- What happens if the relationship ends
It’s a way to put expectations in writing so both partners are protected.
Why Unmarried Couples Should Consider One
Without a legal agreement, things can get complicated if the relationship breaks down. In Arizona, community property laws apply only to married couples. That means if you’ve been living together, buying things together, or sharing expenses, there’s no automatic right to split anything evenly when the relationship ends.
Having a cohabitation agreement helps avoid those “what now?” moments. It can:
- Prevent disagreements over who owns what
- Make financial arrangements clear from the start
- Help both partners feel secure, regardless of income or contribution
- Clarify what happens to jointly owned property, such as a home or vehicle
These agreements are especially helpful if:
- One partner owns significant assets
- You’re purchasing property together
- One of you supports the other financially
- There are children from a previous relationship involved
Even long-term, committed partners can run into legal hurdles without a clear agreement in place.
What Can Be Included in a Cohabitation Agreement?
Cohabitation agreements are flexible. You and your partner can decide what matters most and include specific terms to suit your relationship. Common topics include:
- Property Ownership – Whether you’re bringing property into the relationship or acquiring it together, it’s helpful to put ownership details in writing.
- Living Expenses – You can decide how to split rent, utilities, groceries, and other day-to-day costs.
- Debts and Loans – Clarify who’s responsible for existing debts and how new ones will be handled.
- Bank Accounts – If you share accounts, the agreement can cover access, use, and division if things change.
- Real Estate – If you’re buying a home together, outline how contributions will be tracked and how proceeds will be divided if sold.
- Dispute Resolution – If disagreements arise, the agreement can suggest how to handle them, such as through mediation or arbitration.
- Breakup Plan – Decide in advance how you’ll divide belongings, savings, or jointly acquired property.
While you can’t use a cohabitation agreement to decide child custody or support, it can still reduce the overall stress of a breakup by resolving financial and property questions ahead of time.
What Happens Without One?
If you live together without an agreement and eventually go your separate ways, you may be left in a tough spot. Arizona doesn’t give legal status to unmarried partners when it comes to shared property. That means you may have no right to property or money you thought you were entitled to.
Courts typically treat unmarried couples as individuals, not as a financial unit. Even if you contributed to a mortgage or helped grow a business, those contributions can be hard to prove without a written agreement. Verbal promises don’t always hold up in court.
Taking the time to put your agreement in writing can save both time and money in the long run.
How We Can Help
At Cohen Family Law, we help couples create clear, fair cohabitation agreements. Whether you’re just moving in together or you’ve been living together for years, we’ll guide you through the process and make sure your agreement fits your needs.
We’ll explain your options in plain English, ask the right questions, and draft a contract that reflects your goals. Our goal is to make sure both partners feel informed and protected. It’s not about planning for the worst—it’s about being responsible and proactive.
Protect Your Future Together
Choosing to live together without getting married doesn’t mean giving up your legal rights. A cohabitation agreement gives you and your partner a clear understanding of how you’ll handle finances, property, and responsibilities as a couple. If you’re ready to protect what matters most, we’re here to help.
Contact Cohen Family Law today to learn how we can help you create a strong foundation for your future together.
