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Cohabitation Agreements & Maryland Family Law

“Cohabitation” is the act of living together and having a sexual relationship without being married. Cohabitation occurs at a higher rate now than ever before. There have been numerous family law cases involving couples who cohabitate. Because there are typically few, if any, legal agreements in place surrounding a couple’s decision to cohabitate, these cases can prove to be quite complex. To help prevent problems before they start, our attorneys can prepare cohabitation agreements prior to the parties moving in together. Such agreements can help to set guidelines and avoid future miscommunications between a cohabitating couple.

Maryland Family Law’s Recognition of Cohabitating Couples

Unmarried couples who live together are seen as a unique situation by Maryland law. The cohabitating couple’s relationship is neither a friendship where no assets are shared, nor is it a marriage which would typically demand that most assets be divided in the event of a divorce. A legal agreement between a cohabitating couple can mitigate conflict in the event said relationship does not work out.

Benefits of a Cohabitation Agreement

When a couple has a cohabitation agreement in place, in the event of a break up, they can often avoid litigation entirely. Such agreements identify the responsibilities of each person regarding the house/apartment/condo in which they are living, and who will receive what, in the event of a break up.
If real property was purchased by the couple, the importance of a cohabitation agreement greatly increases. In many cases, couples are bound to each other financially when they jointly own a home. Cohabitation agreements add a legal component to this, which can help specify what will happen in the event of a break up, or simply if the couple wishes to sell the property and live somewhere else while remaining together.

Get the Assistance You Need

If you are struggling with a family law issue in Maryland or Washington, D.C., contact one of our attorneys so we can help. Our attorneys can advise you on the best course of action and, should you choose to retain our firm, help resolve the matter in the best possible manner.

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