Arizona Cohabitation Forms


Use this page to locate and download Cohabitation Agreement Forms or Wills for persons living together but not married. All forms are State Specific.


Arizona Cohabitation Form Categories

Cohabitation Forms FAQ

What rights do unmarried couples have?

Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.

How is cohabitation defined?

Cohabitation is generally defined as two people living together as if a married couple. State laws vary in defining cohabitation. Some states have statutes which make cohabitation a criminal offense under adultery laws. Under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation." Another state statute defines cohabitation as "the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common-law marriage." Yet another state, Georgia, defines cohabitation as "dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.

Is it possible for unmarried couple to establish rights as a couple?

Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.

Other legal issues that may be affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or have the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a nonmarital agreement.

In some cases of people who formerly cohabited, courts have found a trust created in property of one person who cohabits with another, whereby the property is deemed held for the benefit of their domestic partner. When there is no formal trust agreement, a resulting trust may still be found under certain circumstances in order to enforce agreements regarding the property and income of domestic partners. If there is evidence that the parties intended to create a trust, but the formalities of a trust are lacking, the court may declare a resulting trust exists. The court may also declare that a constructive trust exists, which is essentially a legal fiction designed to avoid injustice and prevent giving an unfair advantage to one of the parties. This may be based on the contributions made by one partner to the property of the other. Each case is decided on its own facts, taking all circumstances into consideration.

Top Questions about Arizona Cohabitation Forms

  • How to write up a cohabitation agreement?

    Writing up a cohabitation agreement involves drafting a formal document that reflects the discussions between you and your partner. Start by outlining your shared goals, financial commitments, and how you plan to handle disputes. Utilizing Arizona Cohabitation Forms can streamline this process, helping you create a comprehensive agreement that protects both parties effectively.

  • How to write a cohabitation agreement?

    To write a cohabitation agreement, begin by discussing your expectations and financial arrangements with your partner. It is vital to cover areas like shared expenses, property division, and any potential inheritances. Utilizing Arizona Cohabitation Forms can provide a reliable framework, simplifying the writing process and ensuring that your agreement adheres to legal standards.

  • What does a cohabitation agreement include?

    A cohabitation agreement typically includes details such as the distribution of assets, financial responsibilities, and provisions regarding property ownership. Additionally, it may outline the rights and obligations of both partners during the relationship and in case of a breakup. By using Arizona Cohabitation Forms, you can ensure that your unique needs are clearly defined and legally protected.

  • How long does it take to get a divorce if both parties agree in Arizona?

    If both parties agree to the divorce, the process typically takes about 60 to 90 days from the filing date. This timeline can vary depending on court backlogs or specific circumstances involved. Using Arizona Cohabitation Forms can help expedite discussions and decisions, ensuring that the divorce process moves forward efficiently.

  • Can a spouse refuse a divorce in Arizona?

    In Arizona, a spouse can express their desire not to go through with a divorce; however, their refusal does not stop the process. The court can grant the divorce if one spouse files for it, which reflects Arizona's law on unilateral divorce. Using Arizona Cohabitation Forms can help set clear expectations and agreements that might influence the final divorce proceedings.

  • Can you divorce without the other person signing in Arizona?

    Yes, you can divorce in Arizona without the other person’s signature. This situation is known as a default divorce. However, serve your spouse with divorce papers, and if they do not respond, you may proceed with the dissolution of marriage. Having a thorough understanding of Arizona Cohabitation Forms can also assist in clarifying terms before divorce.

  • How to file for joint custody in Arizona?

    To file for joint custody in Arizona, you need to prepare a parenting plan that details how you and the other parent will share time with your children. You will submit the plan with your custody petition in family court. Utilizing Arizona Cohabitation Forms can streamline this process and ensure that all elements of the plan are well-documented.

  • Is Arizona a cohabitation state?

    Yes, Arizona recognizes cohabitation and allows couples living together without marriage to establish certain legal agreements. Cohabitation can lead to complex legal issues, and understanding your rights is crucial. Arizona Cohabitation Forms can help define terms of your living arrangement and protect each party's interests.

  • Do both people need to say yes to divorce?

    No, both people do not need to agree for a divorce to proceed in Arizona. A single party can file for divorce, which is known as a unilateral divorce. This means that you can move forward without the other person's consent. However, ensuring clear communication through Arizona Cohabitation Forms can facilitate a smoother transition.

  • Do both parties have to agree to a divorce in Arizona?

    In Arizona, it is not necessary for both parties to agree to a divorce. One party can initiate the process by filing for divorce. However, the decisions regarding property division, custody, and support might require negotiation, especially if both parties are cohabiting before divorce. To ease this process, using tools like Arizona Cohabitation Forms may help clarify agreements prior to the divorce.

Tips for Preparing Arizona Cohabitation Forms

Talking about finance and bureaucracy when you're in a romantic relationship is complicated. But the Arizona Cohabitation Forms is a crucial stage that you and your spouse need to take in order to live together without having concerns about what may occur in the event you two broke up.

  1. Create a list of the estate and belongings, and debts. You have to be honest with one another and discuss what you owe and own. Add earnings and estate, and so on. If you're going to buy a property or automobile jointly, bring this up too.
  2. Focus on inheritance. What happens to all the property if one of the partners dies? To save yourself and your cohabitant from court proceedings, add as much as possible in the terms of the inheritance in your agreement.
  3. Think about your children. Explain who takes financial responsibility for your kids. If they have another mother or father who supports them, you must indicate it too and, in addition, describe how to use this financial help.
  4. Find an unbiased legal consultant. Preparation of a cohabitation agreement doesn't require any unique knowledge. But it's always much better to get a fresh pair of eyes that can examine your document for compliance with common law of marriage and so forth. So for each cohabitant, going to a local lawyer is highly recommended.
  5. Always keep Arizona Cohabitation Forms up to date. Anything can change over time. Therefore, it is crucial to check and update your cohabitation arrangement with new specifics.