In 2019, more than 18 million Americans found themselves cohabitating with their partners instead of entering into a traditional marriage. For older people and some who aren’t, the idea of marriage brings a level of commitment they aren’t ready for. And for some, why fix something that isn’t broken. While cohabitation works for some people, you and your partner need to be aware of some legal risks of cohabitation.
Understanding the legal risks of living together will help you to move forward with more awareness to make necessary decisions for your future.
Legal Strangers by Law
The first risk is that, in the eyes of the law, unmarried partners are “legal strangers.” If one partner is hospitalized, doctors will not automatically allow the other to make medical decisions. Instead, medical staff must locate a blood relative. Even if they let you decide, they could face liability issues.
By contrast, married couples receive these rights automatically.
What Can You Do to Protect Yourself and Your Partner Against the Risks of Cohabitation?
While there are several things you avoid by being unmarried, it can have an adverse reaction on your partner’s future if something were to happen to you. Here are some tips to ensure your partner is taken care of even if you’ve not said ‘I do.’
Prepare a Will
Drafting a will ensures your partner inherits your assets. Without one, your family may contest your wishes, leaving your partner with nothing.
Sign a Cohabitation Agreement
This contract outlines what happens if you separate. While courts treat it differently than divorce proceedings, the agreement provides evidence in disputes.
Establish Paternity
If you have children, sign statements of paternity. This secures rights to inheritance, health benefits, and legal recognition, even if the relationship ends.
Why Not Get Married?
Why not get married? It solves everything, right?
The truth is marriage isn’t for everybody, and that’s okay. While it could solve several issues for unmarried couples, it can also cause problems if both partners aren’t on the same page.
Marriage is a commitment you need to speak to your partner about, but if you’re reading this, the idea of cohabitation has rung true with you and your partner.
Legal Risks of Cohabitation
There are several legal risks of cohabitation from not having the rights to each other’s money or assets without it being written in the form of a will. Another risk is not being able to make decisions for your partner if something were to happen to them.
It’s time you stop wondering what will happen in our future and contact Boyer Law Firm, P.L. We understand and can provide expert service for inheritance, family law, and more.
