There is always a constant and lively discussion about the rights of married couples, as well as the rights of each half of a married couple. However, very often the rights of couples who are unmarried and cohabitating are forgotten or misunderstood. Even if a couple is unmarried, if they conduct themselves as a couple, they may be able to secure particular rights under the law. If marriage is not for you, you and your partner can still assert certain privileges as a unit.
Cohabitation Agreements
Many couples who do not wish to marry still desire some sort of structure to their relationship, and some may decide to draw up cohabitation agreements. While unmarried couples have no intrinsic rights to each other’s property or income, cohabitation agreements can provide for a particular property division or right to the other person in the relationship. This was formerly a very common option for same-sex couples before Obergefell v. Hodges granted marriage equality in all 50 states in 2015, but heterosexual couples are also frequent cohabiters. While cohabitation can sometimes develop into common-law marriage in some states, it does not always, nor does it have to necessarily.
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