Maryland Cohabitation Forms


Use this page to locate and download Cohabitation Agreement Forms or Wills for persons living together but not married. All forms are State Specific.


Maryland Cohabitation Form Categories

Cohabitation Forms FAQ

What rights do unmarried couples have?

Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.

How is cohabitation defined?

Cohabitation is generally defined as two people living together as if a married couple. State laws vary in defining cohabitation. Some states have statutes which make cohabitation a criminal offense under adultery laws. Under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation." Another state statute defines cohabitation as "the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common-law marriage." Yet another state, Georgia, defines cohabitation as "dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.

Is it possible for unmarried couple to establish rights as a couple?

Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.

Other legal issues that may be affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or have the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a nonmarital agreement.

In some cases of people who formerly cohabited, courts have found a trust created in property of one person who cohabits with another, whereby the property is deemed held for the benefit of their domestic partner. When there is no formal trust agreement, a resulting trust may still be found under certain circumstances in order to enforce agreements regarding the property and income of domestic partners. If there is evidence that the parties intended to create a trust, but the formalities of a trust are lacking, the court may declare a resulting trust exists. The court may also declare that a constructive trust exists, which is essentially a legal fiction designed to avoid injustice and prevent giving an unfair advantage to one of the parties. This may be based on the contributions made by one partner to the property of the other. Each case is decided on its own facts, taking all circumstances into consideration.

Top Questions about Maryland Cohabitation Forms

  • Does Maryland recognize cohabitation agreements?

    Yes, Maryland recognizes cohabitation agreements, provided they meet certain legal criteria. These agreements can offer legal protection and clarify the rights of each partner, especially concerning property and finances. By utilizing Maryland Cohabitation Forms, you can ensure your agreement is compliant with local laws. This moves your partnership into a more secure framework.

  • How to write up a cohabitation agreement?

    To write up a cohabitation agreement, begin with a discussion about your relationship expectations. Document key areas such as financial obligations, property rights, and dispute resolutions in a clear and straightforward manner. Utilizing Maryland Cohabitation Forms offers a structured way to draft your agreement. Be sure to review the document together before finalizing.

  • How to write a cohabitation agreement?

    Writing a cohabitation agreement involves clearly defining each partner's rights, responsibilities, and expectations. Start by outlining financial arrangements, property ownership, and how expenses will be shared. Using Maryland Cohabitation Forms can simplify this process and provide legal validity. Dedicate time to ensure that both partners' perspectives are accurately reflected in the agreement.

  • How to make cohabitation official?

    To make cohabitation official, partners should consider creating a formal agreement that outlines their rights and responsibilities. Filing Maryland Cohabitation Forms can add a level of security and legal recognition to the relationship. It’s beneficial to discuss financial arrangements and property ownership as part of this process. Consulting with a legal resource can ensure you cover essential aspects.

  • What are the 4 types of cohabitation?

    Cohabitation can generally be categorized into four types: informal cohabitation, legal cohabitation, trial cohabitation, and permanent cohabitation. Each type addresses various aspects of living arrangements, such as duration and intent. Understanding these categories is crucial when drafting Maryland Cohabitation Forms to meet specific needs. This awareness fosters stronger partnerships.

  • What does a cohabitation agreement include?

    A cohabitation agreement typically includes the rights and responsibilities of partners living together. Key elements may cover property ownership, debt responsibility, and financial arrangements. Maryland Cohabitation Forms help structure these agreements to ensure clarity and legal standing. Consider using a reliable platform to create your tailored document.

  • How to create a cohabitation agreement?

    To create a cohabitation agreement, start by discussing important topics with your partner, such as finances, property, and responsibilities. You can then draft a formal document outlining these agreements. Maryland Cohabitation Forms offer templates and resources to help you create a legally binding and comprehensive cohabitation agreement.

  • What are the three types of cohabitation?

    The three types of cohabitation include casual cohabitation, trial cohabitation, and committed cohabitation. Each type varies in terms of legal recognition and responsibilities. Understanding these distinctions is essential, and Maryland Cohabitation Forms can provide guidance on creating agreements tailored to each situation.

  • What is a cohabitant form?

    A cohabitant form is a legal instrument that establishes a cohabiting relationship between two individuals. It typically details the couple’s living arrangements, financial responsibilities, and other important aspects of their relationship. Utilizing Maryland Cohabitation Forms can ensure that this documentation meets local legal standards.

  • What is a cohabitation declaration?

    A cohabitation declaration is a legal document that affirms a couple's intent to live together in a committed relationship. It outlines the rights and responsibilities of both parties. By using Maryland Cohabitation Forms, couples can create this document to help clarify their partnership status legally.

Tips for Preparing Maryland Cohabitation Forms

Talking about finance and bureaucracy when you're in a relationship is complicated. But the Maryland Cohabitation Forms is an important step that both you and your spouse should take if you want to live together without having anxieties about what may occur if you two broke up.

  1. Create a list of your estate and belongings, and financial obligations. You should be honest with each other and talk about the things you owe and own. Add earnings and property, and so forth. If you're thinking about buying a property or auto jointly, bring this up too.
  2. Speak about inheritance. What will happen to all the property if one of the partners dies? To save yourself as well as your cohabitant from court procedures, include as much as possible in the terms of the inheritance in your agreement.
  3. Think about your children. Point out who takes financial obligations for your children. If they have another mother or father who supports them, you have to mention it too and also describe how to use this financial help.
  4. Find an unbiased legal expert. Preparation of a cohabitation agreement doesn't need any unique skills. But it's always better to have a fresh pair of eyes that can check your papers for compliance with common regulation of marriage and so on. So for every cohabitant, visiting a local lawyer is highly recommended.
  5. Keep Maryland Cohabitation Forms updated. Everything can change as time passes. Therefore, it is crucial to check and update your cohabitation contract with new specifics.