Arkansas 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.


Arkansas 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 Arkansas Cohabitation Forms

  • How to write up a cohabitation agreement?

    To write up a cohabitation agreement, first list the important aspects of your living arrangement, such as shared expenses and asset ownership. After discussing these points with your partner, draft your agreement, making sure to address all needs and concerns. For ease and legal accuracy, consider utilizing Arkansas Cohabitation Forms available through credible sources like uslegalforms.

  • What is considered cohabitation in Arkansas?

    In Arkansas, cohabitation is defined as two individuals living together in a long-term, committed relationship without marriage. The state recognizes various types of cohabiting arrangements, which can have legal implications, especially concerning property and shared responsibilities. Using Arkansas Cohabitation Forms can provide essential guidelines to define your relationship in legal terms.

  • How to write a cohabitation agreement?

    Writing a cohabitation agreement involves discussing important topics with your partner first. Then, you can outline terms regarding finances, property ownership, and personal obligations in a clear format. To ensure legality and effectiveness, using official Arkansas Cohabitation Forms through platforms like uslegalforms can greatly streamline the process.

  • What does a cohabitation agreement include?

    A cohabitation agreement typically includes property division, financial responsibilities, and issues regarding children if applicable. This document outlines both parties' rights and obligations, offering protection and clarity. Utilizing Arkansas Cohabitation Forms helps ensure that your agreement addresses all vital elements tailored to your unique relationship.

  • How to make cohabitation official?

    To make cohabitation official, consider drafting a cohabitation agreement. This legal document outlines expectations, rights, and responsibilities of each party involved, ensuring clarity. Using Arkansas Cohabitation Forms can simplify this process and provide the legal framework needed for your relationship.

  • What are the 4 types of cohabitation?

    Cohabitation can be categorized into four main types: romantic cohabitation, platonic cohabitation, cohabitation with children, and shared living arrangements for financial reasons. Each type serves different needs and lifestyles, often involving varying levels of commitment and legal implications. Understanding these distinctions helps you choose the right Arkansas Cohabitation Forms that suit your situation.

  • How long do you have to live together to be common law married in Arkansas?

    In Arkansas, there is no specific duration required to establish a common law marriage. Instead, the couple must intend to be married and live together as a married couple. However, having Arkansas Cohabitation Forms can strengthen your claim in case of any future disputes regarding status and rights.

  • What is a cohabitation document?

    A cohabitation document is a written agreement that outlines the terms of a non-marital relationship. This document can cover various aspects such as financial contributions, property ownership, and support issues. By using Arkansas Cohabitation Forms, you can create a comprehensive cohabitation document that supports your commitment while clarifying expectations.

  • What is a cohabitant form?

    A cohabitant form is a legal document designed to address the rights and obligations of partners who live together without being married. This form typically includes provisions for property division, financial responsibilities, and other important matters. Utilizing Arkansas Cohabitation Forms can ensure you and your partner have a clear agreement in place, protecting both parties' interests.

  • How to create a cohabitation agreement?

    Creating a cohabitation agreement involves outlining the rights and responsibilities of each partner in a shared living arrangement. Start by discussing key topics like property ownership, financial responsibilities, and daily household management. To simplify this process, consider using Arkansas Cohabitation Forms, which provide a structured format to capture all essential details effectively.

Tips for Preparing Arkansas Cohabitation Forms

Talking about finance and bureaucracy when you're in a relationship is challenging. But the Arkansas Cohabitation Forms is an essential step that both you and your partner should take in order to stay together without having anxieties about what may happen if you two broke up.

  1. Make a list of your property and belongings, and debts. You should be honest with each other and discuss the things you owe and own. Add earnings and estate, and so forth. If you're going to buy a house or auto together, bring this up too.
  2. Talk about inheritance. What happens to all the property if one of the partners passes away? To protect yourself and your cohabitant from court procedures, include as much as possible in the terms of the inheritance in your agreement.
  3. Think about your kids. Explain who takes financial responsibility for your kids. In case they have another mother or father who supports them, you should indicate it too and, in addition, outline how to use this financial help.
  4. Hire an independent legal expert. Plan of a cohabitation arrangement doesn't need any unique skills. But it's always much better to have a fresh pair of eyes that can check your paperwork for compliance with common regulation of marriage and so on. So for every cohabitant, visiting a local attorney is highly recommended.
  5. Keep Arkansas Cohabitation Forms up to date. Everything can change after a while. For that reason, it is vital to check and expand your cohabitation contract with new specifics.