Living Together

A Legal Guide for Unmarried Couples

Frederick Hertz, Lina Guillen

• Publisher: NOLO
• Year: 2020
• ISBN:
  9781413327472
• Edition: 17
• Topic: Droit
• Subtopic: Droit de la famille

Laws that protect married couples - or property ownership, divorce, inheritance rights, and more - don't apply to unmarried couples.

Unmarried couples living together need to take certain precautions, whether you've lived together for years on end, or are simply considering the idea. For over 35 years, this book has been helping unmarried couples of all ages deal with the big legal and practical issues involved with living together: buying or renting a house; sharing checking accounts, credit cards, and property (or keeping everything separate); having and raising children; writing wills and estate plans; getting authorization to make medical decisions for an ill or injured partner; and breaking up.

This book is completely updated for 2019, with the latest laws affecting unmarried couples in a wide variety of areas—family law, debt and credit, real estate, taxes, medical care, insurance, estate planning, and more. Includes dozens of sample forms and contracts.

CHAPTER

1

Living Together: The Legal Companion for Unmarried Couples

Living together has never been more popular. According to the 2016 Census data, over 8.07 million unmarried couples live together (which translates into roughly 16 million people). This is a 20% increase over the 2007 figures (6.4 million couples) and a 52% increase over the 2000 figures (3.8 million couples). Today, more than 62% of unmarried households have children.

Cohabitors also are an older crowd now, and the number of cohabiting seniors tripled since 1990 and is continuing to rise. The average American spends the majority of his or her life unmarried.

If you are part of an unmarried couple living together, it’s probably comforting to know that you are far from alone. However, this doesn’t mean that you can ignore how the law affects your relationship, especially if you are buying a house together.

This book will help. It explains the wide range of legal and practical rules that affect unmarried couples living together—from sharing money and property (contract law) to owning a house together (real estate law) or sharing an apartment (landlord-tenant law) to having a child with your partner (family law) to writing a will (estate planning).

RESOURCE

Same-sex couples. If you are part of a gay or lesbian couple living together, see the Nolo books A Legal Guide for Lesbian & Gay Couples and Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnerships & Civil Unions, both by Frederick Hertz and Emily Doskow, available at www.nolo.com. While most of the legal issues are the same as those facing opposite-sex couples, the history of marriage and domestic partnership has created some unique legal problems for same-sex couples.

Legal rules that affect unmarried couples living together. When you understand the law, you and your partner can make informed decisions about how to structure your life, finances, property ownership, and family relationships to best meet your needs. Failing to learn about the law and take measures to protect yourself and your partner can have negative consequences. The special rules governing married couples (such as those relating to property ownership, divorce, and inheritance rights, to name a few) don’t apply to unmarried couples. In order to compensate for this, you’ll have to do some extra work. For example, you may want to write a will to ensure that your partner gets your property when you die, sign paternity statements to ensure that a father’s parental rights are preserved, or create a “living together contract” to avoid protracted court battles over property if you split up. These burdens apply to couples who are cohabiting as a prelude to marriage, as well as to those who view their arrangement as a long-term alternative to marriage. It’s especially important to have an agreement when some or all of the major assets, such as a house, are titled in only one partner’s name.

Important legal agreements and forms. To help you, we provide over a dozen written documents that unmarried couples can use to spell out their individual legal and financial arrangements, as well as detailed discussions of relevant legal forms, including:

•living together contracts regarding your money and property—whether you want to keep everything separate, pool all assets, or something in between (such as share ownership of a car)

•house ownership agreements—whether you’re sharing costs and ownership equally or not

•basic wills and estate planning forms

•parenting agreements, paternity statements, and other documents relating to children you have together (or bring into your relationship from a previous marriage), and

•property settlement agreements for use in the event you separate.

Each form is easy to customize and has complete instructions, and there are filled-in samples in the text. You’ll find downloadable copies of the forms on the companion page for this book on the Nolo website (see below for details).

What’s in a Name?

One of the common issues faced by unmarried couples is how to introduce each other in a way that reflects the importance of your relationship—boyfriend/girlfriend, special friend, significant other, lover, or even POSSLQ (Person of the Opposite Sex Sharing Living Quarters, an earlier Census Bureau phrase for heterosexual couples who live together without getting married)—the choice is yours. Because “partner” is one of the most commonly used and neutral terms, we use it throughout this book to refer to one member of an unmarried couple.

We believe that most unmarried couples can safely and easily master the majority of legal rules that affect them. However, it’s also true that an experienced lawyer’s advice can be invaluable when it comes to dealing with more complicated situations. We’ll point out how and when a lawyer’s expertise can be helpful—for example, if one of you has children or substantial assets, if one of you isn’t on the title to a shared house, or if you’re dealing with complicated estate planning.

Why live together and not get married? There are many reasons why people choose to live together without getting married. Some don’t see the need for the state’s approval of their commitment to each other. Many couples view it as a trial period before marriage. Some avoid marriage because they have gone through a messy divorce. Many people, especially in expensive urban areas with high unemployment rates, often live with partners in order to reduce housing costs. And others simply don’t want to be bothered with joint liability or higher income taxes.

Special concerns for seniors. The fast-increasing number of unmarried couples over age 45 who live together—over one-fifth of all unmarried couples fall into this category—often have financial and family concerns that come into play. For example, by not marrying, they don’t become legally obligated for their partner’s medical expenses, and they reduce the risk of paying tax on Social Security benefits. And by not marrying, many avoid tricky inheritance issues if one or both partners have adult children from a previous marriage or own substantial assets.

One of the most common reasons older couples choose to live together instead of marrying is to avoid joint liability for debts, especially for long-term care or medical bills. Staying unmarried also enables each partner to qualify individually for public benefits, such as Medicaid, without draining the other partner’s resources. There are detailed rules about how these arrangements must be structured to avoid inadvertent triggering of joint liability, so if you are considering such a strategy, consult with an attorney specializing in elder law before you make any big decisions.

And for some folks, staying unmarried allows them to live together without making a major legal or social commitment, which is psychologically preferable for one or both partners. As has been well documented, getting married doesn’t mean the relationship will last forever, but that’s how it feels to many partners—and it’s a feeling that they don’t feel entirely comfortable about. Older partners may be concerned about the reactions of their friends and children, and they may prefer to cohabit informally rather than suggest to anyone that their new relationship is as important as their former marriage was. And, not surprisingly, the reasons folks give for staying unmarried aren’t often the full story.

Whatever your reasons for not marrying, this book arms you with information to tackle most of the legal issues that arise during unmarried partnerships, including managing your financial affairs better, protecting your assets, buying a house or other property together, having or coparenting children, addressing the concerns of your adult children, planning for your death, and dealing with a breakup.

RESOURCE

Check out the Alternatives to Marriage Project. This national organization formerly provided resources, support, and advocacy for unmarried people living together and now offers a resource guide and ongoing information for unmarried couples. For more information, check out www.unmarried.org.

Get Updates, Forms, and More at This Book’s
Companion Page on Nolo.com

You can download any of the forms and agreements in this book at

www.nolo.com/back-of-book/LTK.html

When there are important changes to the information in this book, we’ll post updates on this same dedicated page (what we call the book’s companion page). You‘ll find other useful information on this page, too, such as author blogs, podcasts, and videos. See the appendix for a list of forms available on Nolo.com.

CHAPTER

2

The Legal State of Living Together

Sex and the Law

Domestic Partners

Statewide Domestic Partnership and Civil Union Programs

What Are the Potential Secondary Legal Implications of Registering as Domestic Partners?

Common Law Marriage

How to Tell Whether You Have a Common Law Marriage

What If You Don’t Wish to Have a Common Law Marriage?

Living Together Contracts

Living Together Contracts—What They Are and Why Unmarried Couples Need One

The Law and Living Together Contracts

Some General Legal Rules Regarding Living Together Contracts

Why You Need to Put Your Living Together Agreement in Writing

What Happens to Your Written Living Together Agreement If You Get Married?

What’s the Relationship Between a Living Together Contract and a Premarital Agreement?

How to Convert a Living Together Contract Into a Premarital Agreement

Special Issues for Seniors

FORMS IN THIS CHAPTER

Chapter 2 includes instructions for and a sample of the Agreement of Joint Intent Not to Have a Common Law Marriage form. The Nolo website includes a downloadable copy of this form. See the appendix for the link to the forms in this book.

This chapter provides an overview of the key legal issues affecting unmarried couples—from the laws of living together (cohabiting) to making property and other financial agreements. This chapter also explains the rules regarding common law marriages and domestic partnerships.

Sex and the Law

The first edition of this book (published in 1974) devoted ten pages to a survey of each state’s laws criminalizing adultery, fornication, and cohabitation. Many of these laws went off the books in the 1970s, but the United States Supreme Court finally entered the modern era in 2003. In Lawrence v. Texas, 123 S.Ct. 2472 (2003), the court struck down a Texas law prohibiting “deviate sexual intercourse” (in this case, sodomy) between two persons of the same sex. In that ruling, the Supreme Court overruled its own opinion in Bowers v. Hardwick, 486 U.S. 186 (1986), which had upheld a similar law in Georgia. The Supreme Court held that the Due Process Clause of the Fourteenth Amendment protects the decisions of individuals about...