living together, a legal guide for unmarried couples 13th (2006)

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living together, a legal guide for unmarried couples 13th (2006)

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[...]... by an ­attorney experienced in this area 4 Sign your agreement in front of a notary public For more information about premarital agreements, see Prenuptial Agreements: How to Write a Fair & Lasting Contract, by Katherine E Stoner and Shae Irving (Nolo) F Domestic Partners States That Have Adopted the Uniform Premarital Agreement Act Arizona Montana Arkansas Nebraska You may hear about domestic partnership... together—from sharing money and property (contract law) to owning a house together (real estate law) or sharing an apartment (landlord-tenant law) to having a child with your partner (family law) to writing a will (estate planning) If you are part of a gay or lesbian couple living together, see A Legal Guide for Lesbian & Gay Couples, by Hayden Curry, Denis Clifford, Robin Leonard, and Frederick Hertz, also published... partnership programs and wonder how they affect unmarried couples This section provides an overview and outlines the legal ramifications of domestic partnerships California Nevada Connecticut New Jersey Delaware New Mexico District of Columbia North Carolina Hawaii North Dakota Idaho Oregon Illinois Rhode Island Indiana South Dakota Iowa Texas Kansas Utah Maine Virginia 1 Domestic Partnership Programs and Benefits... courts were saying was that living t ­ogether contracts were illegal contracts for sex outside of marriage (cohabitation was illegal in all states until 1970), and illegal contracts cannot be enforced This meant that unmarried couples were unable to enforce their agreements to share or divide property upon separation or death All this began to change in the mid-1970s, when the California Supreme Court... together for many years in a state that didn’t recognize common law marriages Dianne died without leaving a will, and Val sued the estate for a share of the accumulated property, alleging that he gave up his career as a mountain-climbing guide to live with Dianne and be her lover, companion, and homemaker in exchange for a share in the property Because the word “lover” implies that sexual services are an... contemplation of marriage That means that most couples who prepared living together agreements will have to sign a new premarital agreement if they decide to marry and want to keep the same arrangements they’ve had Premarital agreements are a way people who plan to marry can modify the contract imposed by state marital law You can establish your own property ownership rules in a premarital agreement,... marrying, many avoid tricky inheritance issues if one or both partners have children from a previous marriage or own substantial assets Finally, changing social attitudes and values have made living together less of a stigma; living together is not considered as rare (or immoral) as it was 25 or more years ago In fact, the American Law Institute, an influential organization of lawyers, judges, and legal. .. have ruled that unmarried couples generally have the right to create whatever kind of living 2/ together contracts they want relating to financial and property concerns As a result, if an unmarried couple chooses to make an agreement together, or in some states if they act as though an agreement exists, that agreement will often be considered an enforceable contract a “nonmarital agreement” in legal. .. to read your state’s law Chapter 11 provides advice on doing legal research Alabama New Hampshire1 Colorado Oklahoma There are no absolute rules or guidelines Whether or not a common law marriage exists depends on the facts of each situation However, a common law marriage can occur only when: • you are a heterosexual couple who lives together in a state that recognizes common law marriages • you have... in that same period The average American spends the majority of his or her life unmarried If you are part of an unmarried couple living together, it’s probably comforting to know that you are far from alone However, this doesn’t mean that you can ignore how the law affects your relationship This book explains the wide range of legal and practical rules that affect opposite-sex unmarried couples living . and mediator and the author of Legal Affairs: Essential Advice for Same-Sex Couples (Owl Books) and co-author of Nolo’s A Legal Guide for Lesbian & Gay Couples. He lives in the San Francisco. doing legal research. Alabama New Hampshire 1 Colorado Oklahoma District of Columbia Rhode Island Iowa South Carolina Kansas Texas Montana Utah 1 For inheritance purposes only. In a few. separation. We believe that most unmarried couples can safely and easily master the majority of legal rules that affect them. However, it’s also true that an experienced lawyer’s advice can

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  • Table of Contents

  • 1 Living Together: An Introduction

  • 2 The Legal State of Living Together

    • A. Sex and the Law

    • B. Common Law Marriage

    • C. Living Together Contracts

    • D. To Be Safe, Write It Down

    • E. What Happens to Your Written Living Together Agreement If You Get Married?

    • F. Domestic Partners

    • 3 Living Together Agreements: Why and How

      • A. Ten Tips for Writing a Living Together Agreement

      • B. Property Agreements

      • C. Agreement to Share Ownership of a Joint Purchase

      • D. Agreement Covering Joint Projects

      • E. Agreement Covering Homemaker Services

      • F. Agreement for Artists and Inventors

      • G. Agreement for People in School

      • H. Agreement to Protect Person Who Moves a Long Distance or Gives Up a Job

      • 4 Debt, Credit, Taxes, and More: Practical Aspects of Living Together

        • A. Debt and Credit

        • B. Buying and Investing Together

        • C. Discrimination

        • D. Sharing Your Last Name

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