Living Together Without a Cohabitation Agreement?

“Mr. Beaver, my father is an optician with three full-service optical stores in our state. We lost Mom two years ago and just recently Dad has been going out with Hillary, a lovely lady who is 50 and a widow. They are discussing living together to test their relationship, aiming at marriage if all goes well. I am concerned about their financial disparity. Dad is wealthy, and Hillary has more modest means. I believe they need some sort of a cohabitation agreement if they do move in together and do not get married. However, Dad does not want to disturb the waters with a formal agreement. What do you recommend? Thanks, ‘Darren.’”

I asked Scott Levin, in his 20th year of practicing family law in San Diego with a focus on mediation, about this. “Darren’s father is fortunate. He has a son who worries about him becoming a victim of his own need for companionship,” he said. “While cohabitation — instead of marriage — is extremely common today, unmarried couples lack the legal protection marriage provides, virtually assuring disputes over who owns what and who is responsible for shared debts, even if one partner contributed more to acquiring property during the relationship.”

What cohabitation agreements can do