Massachusetts does not recognize property rights under the law for unmarried people who live together. These rights are known in other jurisdictions as palimony, combining “pal” and “alimony.” Fortunately, Massachusetts does recognize the rights of cohabiting adults to make and uphold contracts setting out property rights between them; these contracts are called “Cohabitation Agreements.”
If you are an adult sharing a living space with other people, a cohabitation agreement is an elegant solution to eliminate potential problems before they start, such as who is responsible for shoveling the snow on that sidewalk out front.
I Am Living With Another Adult(s), but We Aren’t Partners; It’s More Like the Golden Girls. Can We Still Execute a Cohabitation Agreement?
Yes! In fact, DangerLaw, LLC has worked with many couples and families of all kinds to draft an agreement that works for them; we have helped adult children arranging to live with an ailing parent, LGBTQIA2S+ folks, conventional couples, consensually non-monogamous partners, those who are engaged, dating or with friends and want to move into a new or one another’s existing living space, and many others to set out their property rights in a legally binding contract.
I Trust My Partner/Friend/Family/Household Member, and They’ve Assured Me That They Will Take Care of Me When the Time Comes. Do I Really Need a Cohabitation Agreement?
No one likes to contemplate splitting up. At DangerLaw, LLC, we believe that cohabitation agreements aren’t a harbinger of breaking up, but instead that these agreements are a key component of a strong foundation that sets clear expectations for all parties and takes the acrimony out of any monetary or property disagreements. Massachusetts only recognizes contractual property rights for non-married cohabitants, so if you want to be certain that your financial and contingency plans for later in life are honored, a contract is the solution.
What All Goes Into a Cohabitation Agreement, Anyway? Can We Include a Clause That Saves Me From Dishwasher Duty Forever?
We always ask: if you and the other parties to the agreement were strangers turned roommates, what would you want to put in your roommate agreement? If you hate doing the dishes like I do, your agreement could include a provision that your partner does the dishes and you do the vacuuming (or some other chore your partner wants to avoid!). These agreements usually spell out things like which party is responsible for which bills, rent, or mortgage payments, contingencies for when these payments are not made, and how disputes will be resolved when the contract is not honored. We will work collaboratively with you to learn what is important to you and your living companions and will honor those values in crafting an agreement that protects what matters to you. A well-drafted cohabitation agreement will promote harmonious living and will help avoid unpleasant surprises later on.
We have been helping clients answer these tough questions and have had the hard conversations for almost two decades. Let us help you secure your relationship’s future while also securing the terms of the living arrangements, including any non-traditional family choices that you make.