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October 26, 2010
  Cohabitation Agreements are Beneficial
Posted By Ellerin Hutchinson

Even if you are not married to your partner, the law has recently seen benefits being granted to partners regarding cohabitation issues that have not been seen before. Some courts are recognizing the need to apportion assets between partners who have been cohabiting using equitable doctrines in an attempt to prevent injustice and hardship.

Since these doctrines are not set in stone and can be expansive and vague, it is ideal to enter into a cohabitation agreement that is solidified by a legal contract. In some cases you may want to give the less financially stable partner a more equitable settlement should something happen with your relationship. If one person has assumed the role of caretaker in the relationship the other might agree to certain settlements to compensate this.

In addition, you can use a legal agreement to outline what is expected in the cohabitation situation in regards to personal and financial issues.

Having cohabitation issuesContact us to get help from a Jacksonville family lawyer.

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January 28, 2010
  Study Says Cohabitation is on the Rise
Posted By Law Office of Scott Ellerin

According to a report by the National Marriage Project, the number of unmarried couples who live together is on the rise.

Between 1960 and 2008 “unmarried cohabitation” increased more than twelvefold. The term unmarried cohabitation is applied to couples who “are sexual partners, not married to each other, and sharing a household.”

Unmarried cohabitation is becoming more and more common, particularly among young couples. The report estimates that about ¼ of unmarried women between ages 25 and 39 live with a partner, and that another ¼ of women have lived with a partner at some point in their life without being married.

The study also states that more than half of first-time marriages are preceded by the couple living together first. Fifty years ago almost no couples lived together before getting married.

Cohabitation as an Alternative to Marriage

While some couples live together with plans to get married in the future, others look at cohabitation as an alternative to marriage. If you and your partner have chosen to live together but not get married, you may want to consider drafting a cohabitation agreement. Cohabitation agreements are drafted to protect the rights of both parties, should the relationship eventually end or one party pass away. A cohabitation agreement can clearly outline property rights and other important issues, much the same way a  prenuptial agreement or postnuptial agreement does.

Jacksonville marital agreement attorney Scott Ellerin can help if you are interested in learning more about creating a customized cohabitation agreement. To contact the Law Office of Scott Ellerin, fill out an online case evaluation or simply call the office at (904) 866-4489.

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