Cohabitation Contracts for Same-Sex Partners

Since same-sex partners can't get married or join together under any formal legal union, they must protect themselves through alternate means. Cohabitation contracts define the boundaries of the relationship with regard to property, home ownership, finances and custody. This allows same-sex partners who cohabit ate to live together without worrying about their legal rights.

Cohabitation Contracts for Same-Sex Partners: No Need for an Attorney

A cohabitation contract doesn't have to be drawn up by an attorney. Any written agreement between two people can be considered a contract, as long as the document represents a meeting of the minds. This means that the contract must be written in such a way that both parties understand and agree to the terms. You can have an attorney write it, but it certainly isn't necessary.

Cohabitation Contracts for Same-Sex Partners: Property

Whenever two people move in together, there is usually a "meshing" of the property they own, and while they are together, all of the property is considered owned by both partners. But what about the possibility of ending the relationship? A cohabitation contract is the best time to make a formal agreement as to who owns what, including items that will be bought in the future. For example, if you buy a big-screen TV together, who will keep it if you break up? And will the partner who keeps it be responsible for purchasing the other's half? Be specific, as any ambiguity will be thrown out by a court if it comes to that.

Cohabitation Contracts for Same-Sex Partners: Home Ownership

If you and your same-sex partner are renting, then this segment doesn't apply to you. However, if you've purchased a home together -- or if one partner has moved into the other's home -- you will need to spell out exactly who owns the home. Some same-sex couples will take equal ownership, which means that they each have equal rights to the home. However, in your contract, you should spell out exactly what happens to the home in the event of a break-up. Will you sell the home and split the profit? Or will one partner remain in the home while the other has to leave?