Maine 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.


Maine 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 Maine Cohabitation Forms

  • How to become domestic partner in Maine?

    To become a domestic partner in Maine, you must first fill out and submit Maine Cohabitation Forms to your local municipal office. This process usually requires both partners to provide identification and proof of residence. After submitting the forms, you will receive confirmation of your domestic partnership status, which grants you certain legal rights. It's an effective way to formalize your relationship and ensure you can make important decisions together.

  • Does my girlfriend count as a domestic partner?

    For your girlfriend to officially count as a domestic partner, specific legal criteria must be met according to Maine law. This typically involves cohabitation and mutual support, along with completing the necessary registration. Using Maine Cohabitation Forms will help clarify your relationship and ensure that you both understand your rights and responsibilities.

  • Does my girlfriend qualify as a domestic partner?

    Your girlfriend may qualify as a domestic partner if both of you meet certain criteria outlined in Maine’s domestic partnership laws. Generally, both partners must agree to coexist in a committed relationship and file the required declaration. It is beneficial to explore Maine Cohabitation Forms to confirm your eligibility and protect your rights in Maine.

  • How long do you have to be together for common law marriage in Maine?

    Maine does not recognize common law marriage, so there is no duration required to be considered married without a formal ceremony. However, you may cohabit and have certain rights if you establish a domestic partnership. It's important to understand the legal implications and protections that come with certain arrangements. Consider using Maine Cohabitation Forms to clarify your relationship status.

  • How do I register as a domestic partner in Maine?

    To register as a domestic partner in Maine, you must complete a Declaration of Domestic Partnership form. This form requires both partners' signatures and must be filed with your local municipality. Additionally, you should gather any necessary documentation, such as identification and proof of residency. Utilizing Maine Cohabitation Forms can simplify this process and ensure all requirements are met.

  • How to file a motion in Maine?

    Filing a motion in Maine typically involves preparing your legal documents and submitting them to the appropriate court. It is crucial to include all necessary information and adhere to local rules for motion filing. For cohabiting partners seeking legal recognition or resolution of relationship issues, Maine Cohabitation Forms can serve as helpful tools in the process.

  • How many years for common law marriage in Maine?

    Maine does not have a common law marriage statute, so there is no set duration for establishing such a marriage. Couples living together may enjoy certain rights through cohabitation agreements instead. Utilizing Maine Cohabitation Forms can offer clarity and protection without the need for common law marriage.

  • What makes a relationship a common law marriage?

    A common law marriage is typically established when two people live together and present themselves as a married couple over a significant period. However, Maine does not recognize common law marriage as valid. Instead, it is beneficial for couples to explore Maine Cohabitation Forms to create clear agreements that define their relationship and rights.

  • What is the law for unmarried couples in Maine?

    The law for unmarried couples in Maine does not recognize common law marriage, but it does provide rights and responsibilities through cohabitation agreements. These agreements outline the terms of your partnership, including property division and financial responsibilities. By utilizing Maine Cohabitation Forms, couples can protect their interests while navigating the legal landscape of unmarried relationships.

  • What qualifies as a domestic partner in Maine?

    In Maine, a domestic partner is typically defined as two individuals who share a committed, lifelong relationship and have chosen to live together. To qualify as domestic partners, you must both consent to the relationship and file a Declaration of Domestic Partnership with the appropriate Maine authorities. Using Maine Cohabitation Forms can simplify this process, ensuring all legal requirements are met.

Tips for Preparing Maine Cohabitation Forms

Speaking about finance and bureaucracy when you're in a relationship is challenging. But the Maine Cohabitation Forms is a crucial stage that both you and your spouse need to take if you want to live together without anxieties about what may happen in the event you two broke up.

  1. Make a list of your estate and belongings, and debts. You have to be honest with one another and discuss the things you are obligated to pay and own. Include income and estate, and so on. If you're thinking about buying a property or car together, bring this up as well.
  2. Speak about inheritance. What will happen to all the property if one of the partners passes away? To protect yourself and your cohabitant from court procedures, add as much as possible in the terms of the inheritance in your contract.
  3. Think about your children. Mention who takes financial responsibility for your children. In case they have another parent who can handle them, you should point out it too and, additionally, describe how to use this financial help.
  4. Find an unbiased legal consultant. Plan of a cohabitation contract doesn't need any particular skills. But it's always better to get a fresh pair of eyes that will check your record for compliance with common regulation of marriage and so on. So for every cohabitant, going to a local attorney is highly recommended.
  5. Always keep Maine Cohabitation Forms updated. Anything can change after a while. For that reason, it is crucial to check and update your cohabitation arrangement with new details.