cohabitation

Cohabitation Rights: Property Rights For Unmarried Couples

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Cohabitation agreements are essential if you and your partner live with one another but are unmarried. Did you know that more than twelve million unmarried couples live in the United States today, and most of them are unaware of cohabitation agreements?

When you have this agreement in place, you not only protect yourself financially but emotionally as well. No one wants to have to go to court after a breakup.

Please continue reading below if you want to learn more about your cohabitation rights and what a cohabitation agreement can do for you and your partner. We will cover what you need to know about this document and who you can contact for more assistance. 

What Is a Cohabitation Agreement?

A cohabitation agreement is a mutually binding agreement that details your and your partner’s rights in the relationship. The primary purpose of this agreement is to ensure that both parties are financially protected if the relationship ends. The document can also cover provisions such as visitation rights and custody of your children. 

What Are the Cohabitation Property Rights for Unmarried Couples?

The specific rules for cohabitation property rights vary per state, but there are a few basic legal principles that are similar across the country. For example, the property laws that govern married couples who divorce don’t apply to those who live together and are unmarried unless you and your partner qualify under common law marriage or domestic partner laws.

Debt and Property Division

In a traditional marriage, the married couple share debts or assets acquired during the marriage. Of course, this can change if there is a prenuptial agreement.

If there is a prenup, the division of assets and debts will follow the agreed-upon terms on the prenuptial document. With unmarried couples, each individual is responsible for their own debts and property unless the two have a joint account or have both names on the property deed. 

Cohabitation agreements

Because no laws surround the division of property, other assets, or debt, you and your partner can create a cohabitation property agreement. You can create this document with a reputable attorney to ensure that your assets are adequately covered. 

What to include in a cohabitation agreement:

  • Who owns newly acquired assets
  • How you or your partner will manage credit cards and bank accounts
  • Who owns specific assets
  • How to distribute assets if there is a separation
  • What process will be used if there is a dispute in property rights
  • If and how you and your partner share expenses

This list is only an example of what you can list on your cohabitation property agreement. When you partner with a reputable attorney, they can help you sort out what to put on your agreement to cover your and your partner’s wishes. 

Cohabitation Agreement vs. Wills and Trusts

Even though this document lists out who owns what in the relationship, it does not cover if the surviving partner receives property. The surviving cohabiting partner has no property rights.

The only way the surviving cohabiting partner can receive property is if the deceased left it to them in a will or a trust. The other exception is if the surviving partner is listed on the property as well. If they are, then they are entitled to half of the property. 

Depending on the state you live in, you may have a right to inherit a portion of the deceased’s property if the state recognizes domestic partnerships. To be on the safe side, it is best to speak with an attorney about your options. 

What Is the Importance of a Cohabitation Agreement?

Getting a cohabitation agreement completed early in the relationship is crucial to ensure that you and your partner are financially covered if you two decide to split up. Because you aren’t married, you may think it will be easy to take what is yours or what you believe is yours and move on. That is not always the case. 

If your ex-partner believes they should own a specific piece of property, they might try to take you to court. They could also argue that you owe them money or other assets you acquired while you were together. 

In the event that your ex does try to argue that you owe them something, but you know you don’t and you have it in writing, you will have an easier time in court. Most courts uphold these documents so long as they are in writing and completed before the split. 

How To Find the Right Attorney

If you wish to create a cohabitation agreement, reach out to a reputable family lawyer who has experience creating this document. As mentioned earlier, they can help you create this document in a way that works best for you and your partner.

It is best not to assume the marital laws in your state apply to your relationship because they most likely don’t unless you qualify for domestic partnership or common law. You can speak with your lawyer about your options if you are unsure if you qualify under those two. 

Create a Cohabitation Agreement That Works

Cohabitation agreements aren’t well known because many couples assume they qualify under common law or domestic partnership laws. Not everyone meets these requirements; unfortunately, they find that out when they split up. Even worse, they learn that the property and assets they agreed to share are not really theirs because they did not agree in writing.

To ensure that you and your partner are financially covered in the event of a break-up, you may want to consider a cohabitation agreement. If you want to learn more about this document or you wish to start the process, submit your information to find the right attorney for you.

what does emancipated mean

What Does Emancipated Mean? Understanding the Process

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Turning 18 brings a lot of changes to a young person’s life, including being legally independent of your parents.

But in some cases, minors can’t wait that long and may become emancipated before their 18th birthday. What does emancipated mean?

Keep reading to learn more about the emancipation process and what it means for minors and parents or guardians. 

What is Emancipation?

Put simply, emancipation is when a minor child is released from the care and control of their parents. Minor emancipation can happen through a court order or an operation of law.

Parents or custodians of minor children have a duty to support and care for them. Along with this duty comes the right to make decisions for these minors. Minor children can’t establish their own homes, file lawsuits, or enter into contracts.

This means that parents of minors can even instruct the minor’s employer to give their paychecks to the parent.

Parents of minors have these duties and rights until the child is no longer a minor – when they turn 18 years of age. However, this isn’t the only way for these duties and rights to be terminated. A minor child can become emancipated through a legal process. 

What Does Emancipated Mean for Minors?

Minors who are emancipated from their parents gain rights and responsibilities typically reserved for adults. Here are some examples:

  • Get married
  • Register for school
  • Create a will
  • Live on their own
  • Make decisions about their own medical and dental care
  • Enter into contracts
  • File lawsuits and be sued
  • Keep their paychecks
  • Apply for Medicaid and other medical assistance
  • Apply for food and cash assistance
  • Make decisions for their children

It’s important to note that there are some things that emancipated minors still can’t do. For example, an emancipated minor can’t vote or drink alcohol until they reach the legal age. 

How Does the Minor Emancipation Process Work?

Emancipation of a minor can happen automatically by operation of law or through the emancipation process by court order. Let’s take a look at how each of these forms of emancipation works in more detail.

Operation of Law

Minors can become emancipated without having to file a petition when certain requirements are met. For example, minors become emancipated when they turn 18. They can also automatically become emancipated when they get married or are on active duty in the military.

There are two other scenarios where minors can become emancipated without having to petition the courts.

The first is if a minor is in the custody of law enforcement and needs immediate medical treatment, but their parent can’t be reached in time. This is limited to nonsurgical medical care and emergency treatment.

This type of emancipation is solely for the purpose of consenting to medical treatment. A minor’s emancipation in this situation ends when the medical treatment is completed or they are released from the custody of law enforcement.

The second scenario is when a minor is a prisoner in a correctional facility. In this case, if the parent can’t be reached, a minor can be emancipated in order to consent to preventative health care and medical care.

This includes mental health care, surgery, and dental care. Like in the other scenario, the minor is only emancipated for the purpose of consenting to receive medical care. 

Court Order

Minors can also become emancipated by filing a petition with the court requesting to be emancipated.

Minor emancipation by court order requires that minors be at least a certain age, depending on state law where they live. A judge will review the petition for emancipation of a minor and decide whether the emancipation is in the best interest of the minor.

When applying for emancipation, a minor must prove several things. If you can prove that your parents don’t object to emancipation, the process is much easier.

If your parents do object, you will need to prove that your parents aren’t financially supporting you and that you can financially support yourself. You must also prove that you can manage your personal and social affairs and that you understand the responsibilities that come with being emancipated.

Parents are still required to support children after minor emancipation, but they are not responsible for debts the emancipated minor incurs. 

Minors who have a juvenile record may have a harder time becoming emancipated. Some states prohibit emancipation for minors who are on probation or completing court-ordered punishments. Other states will require certain conditions to be met for minors with a criminal record.

Some states won’t allow anyone under the age of majority with a criminal record to become emancipated.

The emancipation process can be complicated and hiring a lawyer can help you navigate the system and make your case. 

Can Emancipation Be Reversed?

The answer is yes, but it can be difficult.

Parents and minors can petition the court to cancel the emancipation of a minor. This involves filing a petition to rescind the order of emancipation. 

A judge will cancel an emancipation order if the minor and parents agree to the order being canceled or there has been a reconciliation and the family is living together again. The order may also be canceled if the minor is no longer capable of supporting themselves. 

Do You Need Help With the Emancipation Process?

Hopefully we answered your question, “What does emancipated mean?” The truth is, that the emancipation process is complex and depends on where you live.

Whether you are a minor filing for emancipation or a parent or guardian, an experienced family lawyer can help. 

Click here to find a family law attorney near you today.