Love Without the License: Why Cohabitation Agreements Matter in Massachusetts
Enforceability of Cohabitation Agreements in Massachusetts
Marriage has many financial benefits for couples, including some legal protection when it comes to finances in the event of divorce. But what about unmarried couples? In the past, many states recognized a form of legal union called common-law marriage. If they met certain criteria, a couple would be considered legally married even if they did not officially get married. Many states have abolished it – including Massachusetts. However, Massachusetts does recognize cohabitation agreements between unmarried couples, provided they meet certain legal requirements.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legal contract between two people who live together in a romantic relationship but are not married. It typically sets forth expectations and responsibilities during the relationship and in the event of a breakup. Provisions could include:
- Property ownership or division
- Financial contributions (e.g., rent, utilities, joint purchases)
- Debt obligations
- Support and asset division provisions in case of separation.
Cohabitation Agreement Enforceability in Massachusetts
Massachusetts courts recognize cohabitation agreements under certain conditions:
1. Contract Law Principles Apply
- Cohabitation agreements are treated as contractual agreements under state law.
- The agreement must be freely entered into, with clear terms, consideration (i.e., something of value exchanged), and not against public policy.
2. Must Be in Writing (Ideally)
- Oral agreements are difficult to enforce. A written, signed agreement is strongly recommended.
- The terms must be sufficiently specific and not ambiguous.
3. Independent Legal Advice
- Having each party represented by separate counsel increases the likelihood the agreement will be upheld.
- Helps defend against claims of duress, coercion, or lack of understanding.
4. No Implied Spousal Rights
- Massachusetts does not recognize common-law marriage, so cohabiting partners do not acquire marital rights.
- Courts may enforce agreements between unmarried partners similar to any other civil contract.
Limitations
- The agreement cannot waive child support obligations or determine custody contrary to the child’s best interests.
- Courts may scrutinize agreements that appear unconscionable or heavily one-sided at enforcement.
Key Case Law
Massachusetts courts have addressed cohabitation and property rights in cases like Wilcox v. Trautz, 427 Mass. 326 (1998): The court upheld a cohabitation agreement between unmarried partners, recognizing their right to contract freely about property and financial matters.
If long-term, unmarried partners decide to break up, there could likely be an unfair division of assets. For example, if the property is only in one partner’s name, or there is a large disparity in income. If you are planning to or currently residing with a partner, consider a cohabitation agreement.
Contact us to set up a free consultation today.
