Michigan 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.


Michigan 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 Michigan Cohabitation Forms

  • What is considered a domestic partner in Michigan?

    In Michigan, a domestic partner is generally defined as an unmarried couple living together in a committed relationship. Domestic partnerships can provide certain rights and responsibilities typically associated with marriage. To safeguard your interests as a domestic partner, consider creating agreements using Michigan Cohabitation Forms. These forms help clarify your legal standing and can protect your rights within the partnership.

  • How to get a cohabitation certificate?

    To obtain a cohabitation certificate in Michigan, you typically need to file the appropriate documents with your local government office. However, the process can vary by jurisdiction, so it's wise to research specific requirements for your area. Using Michigan Cohabitation Forms can streamline this process, as these forms often include templates and guidance. By preparing the necessary documents, you can ensure a smoother path to formalizing your living arrangement.

  • What is unlawful cohabitation?

    Unlawful cohabitation refers to living together in a romantic relationship while violating specific legal statutes, often related to marriage laws. In Michigan, this could include situations where a couple lives together while one partner is still legally married to someone else. It's essential to be aware of your rights and obligations, and Michigan Cohabitation Forms can help set clear guidelines for successful cohabitation. This approach ensures compliance with the law while fostering your relationship.

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

    Michigan does not recognize common law marriage, regardless of how long a couple has lived together. This means that simply cohabitating for an extended period does not confer marital rights. If you desire legal recognition of your relationship, you should consider using Michigan Cohabitation Forms to create agreements that reflect your needs. This preparation will ensure you address concerns related to your domestic life.

  • What are the four types of cohabitation?

    The four types of cohabitation typically include casual cohabitation, serious cohabitation, domestic partnerships, and marriage. Each type varies in terms of commitment and legal recognition. Understanding these distinctions is essential when deciding how to approach your arrangement. Utilizing Michigan Cohabitation Forms can help clarify the intentions and agreements between partners, making it easier to navigate any issues.

  • Does Michigan have a cohabitation law?

    Yes, Michigan recognizes cohabitation but lacks a formal cohabitation law enforcing rights for unmarried couples. Couples living together may not receive the same legal protection as married couples. Using Michigan Cohabitation Forms can help you outline agreements that could provide some legal clarity and protection for both partners. It's a prudent step to consider when entering a cohabitating arrangement.

  • What happens if you split up and are not married?

    If you split up and you are not married, neither partner has a legal claim to the other's property unless you have a cohabitation agreement in place. Without such an agreement, you may need to negotiate property division and other matters directly. It is crucial to understand that Michigan Cohabitation Forms can help establish rights and responsibilities. Therefore, consider preparing these forms to avoid complications later.

  • How many years do you have to live together for common law marriage in Michigan?

    Michigan does not recognize common law marriage. However, if you cohabitate for an extended period, it can sometimes lead to legal discussions about rights and responsibilities. For clarity on your relationship status and to safeguard your interests, consider using Michigan Cohabitation Forms. These forms will help establish agreement terms, ensuring both parties understand their rights.

  • What states do not allow cohabitation?

    Most states in the U.S. allow cohabitation, but a few have restrictions or may view it unfavorably. States like Mississippi and Alabama have laws that can complicate cohabiting relationships. If you're looking for guidance on this matter, utilizing resources like Michigan Cohabitation Forms can help clarify your rights and responsibilities regardless of where you live. Always stay informed about your state's specific laws to minimize legal risks.

  • Are cohabitation agreements legally enforceable in Michigan?

    Yes, cohabitation agreements are legally enforceable in Michigan. When both partners create a clear and detailed agreement, it can provide legal security and clarity in case of a dispute. By using Michigan Cohabitation Forms, couples can outline responsibilities and expectations, protecting their interests. It is always advisable to consult an attorney to ensure compliance with Michigan laws.

Tips for Preparing Michigan Cohabitation Forms

Talking about finance and bureaucracy when you're in a relationship is difficult. But the Michigan Cohabitation Forms is an important step that both you and your partner should take if you want to live together without having concerns about what might happen if you two broke up.

  1. Create a list of your estate and assets, and debts. You have to be honest with one another and discuss what you are obligated to pay and own. Include income and property, and so on. If you're going to buy a house or vehicle together, bring this up as well.
  2. Speak about inheritance. What happens to all the property if one of the partners passes away? To protect yourself as well as your cohabitant from court procedures, include as much as possible in the terms of the inheritance in your contract.
  3. Think about your kids. Point out who takes financial responsibility for your kids. If they have another mother or father who can handle them, you need to point out it too and, in addition, describe how to use this financial support.
  4. Hire an independent legal expert. Plan of a cohabitation contract doesn't need any specific knowledge. But it's always better to get a fresh pair of eyes that can examine your record for compliance with common law of marriage and so forth. So for every cohabitant, visiting a local legal specialist is highly recommended.
  5. Keep Michigan Cohabitation Forms up to date. Everything can change as time passes. Therefore, it is crucial to check and update your cohabitation arrangement with new specifics.