When states have a patchwork of sometimes confusing or conflicting laws concerning the legal rights of unmarried couples, whether opposite sex or same sex, documents such as those described below can help a couple define and defend their rights in sometimes stressful situations.
Cohabitation Agreements; Residence Co-ownership Agreements; Apartment-Sharing Agreements; Agreements for Sharing Expenses/Debts
These agreements assist both partners to understand their rights and obligations in any joint financial undertaking, whether buying a home, sharing the expenses of an apartment or automobile, or setting out how responsibility for the couple’s joint debts and expenses will be divided.
Parenting Agreements
When an unmarried couple is rearing a child together, particularly if the child is the biological offspring of only one of the partners, a parenting agreement provides the ability to set out in writing that the partners consider both of them to have equal rights and obligations in relation to the child.
Nomination of Guardianship of a Minor
This document allows a biological parent to nominate a partner to act as a child’s legal guardian in the event of the parent’s death or inability physically or mentally to care for a minor. This document can be presented to the court making a guardianship decision and is the parent’s opportunity to explain the reasons for nominating the partner to serve as guardian.
Powers of Attorney
Already in common use by many persons, a power of attorney (POA) allows each person to appoint their partner as their legal representative to handle their personal and financial affairs in the event of an incapacitating illness or injury.
Health Care Directives / Healthcare Powers of Attorney
A health care directive (sometimes called an “advance directive” or “living will”) enables you to specify in writing which procedures or treatments you do or do not want administered to you in the event that you become incapable of making decisions for yourself or communicating your wishes. This document is coupled with a healthcare power of attorney (POA) that enables you to appoint a partner to legally act as your spokesperson and to make medical care decisions on your behalf.
Settlement Agreements / Purchase and Sale Agreements
In the event that the couple decides to end their relationship, they can set out in writing their agreements as to division of assets and debts, allow one person to purchase the real estate or other property the couple has accumulated, or agree on other financial arrangements related to division of property.