Missouri 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.


Missouri 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 Missouri Cohabitation Forms

  • What is a CRIFs document in Missouri?

    A CRIFs document, or Child Residence Information Form, is used in Missouri to provide the court with details about a child's living situation. This form is essential during cases involving custody or child support as it outlines where the child resides and the parents' responsibilities. Incorporating Missouri Cohabitation Forms can help you address related aspects of cohabitation while navigating custody issues.

  • How to request a continuance in court in Missouri?

    To request a continuance in court in Missouri, you need to verbally address the judge or submit a motion in writing. Ensure that you explain your reasons for the request clearly and provide any supporting documents. Using Missouri Cohabitation Forms can enhance your request by demonstrating your preparedness and understanding of the legal process.

  • How do I file a motion for continuance in Missouri?

    Filing a motion for continuance in Missouri requires you to draft a formal request stating your reasons for needing more time. You should submit this motion to the court where your case is filed, ensuring that you include any necessary documentation. Consider using Missouri Cohabitation Forms to assist with the structure of your motion, which can simplify your filing process.

  • What is a good reason to ask for a continuance?

    A good reason to request a continuance includes needing additional time to gather evidence or prepare your case. Other valid reasons include personal emergencies or scheduling conflicts. It's essential to present your reasoning clearly to the court. With Missouri Cohabitation Forms, you can solidify your requests by presenting well-prepared documentation.

  • How do I file a motion form?

    Filing a motion form involves drafting your motion clearly and concisely, then submitting it to the appropriate court. Be sure to include all necessary information and any supporting documents. For your convenience, Missouri Cohabitation Forms can serve as templates that guide you in crafting your motion accurately, ensuring you meet all legal requirements.

  • How to file for separation in Missouri?

    To file for separation in Missouri, you need to complete specific forms and submit them to your local court. This process involves outlining your reasons for separation and detailing your living arrangements. Additionally, utilizing Missouri Cohabitation Forms can assist in clarifying any agreements related to property and responsibilities that arise during the separation.

  • What happens after you file a motion for continuance?

    After you file a motion for continuance, the court will review your request. The judge may either approve or deny it based on the reasons provided. If approved, the hearing will be rescheduled, allowing you more time to prepare your case. Using Missouri Cohabitation Forms can help streamline this process by ensuring you have the correct documentation.

  • How to write a cohabitation agreement?

    To write a cohabitation agreement, begin by identifying the key issues that need to be addressed, such as property ownership, financial management, and dispute resolution procedures. Then, use Missouri Cohabitation Forms for guidance on how to structure the document, ensuring it includes all relevant details. Both partners should then review the terms together, making sure everything is clear and mutually agreeable. Finally, sign the agreement in front of a witness to solidify its legal standing.

  • How to write up a cohabitation agreement?

    Writing a cohabitation agreement starts with both partners discussing their goals and concerns regarding shared living arrangements. It’s crucial to be clear about each person's rights and responsibilities. Utilizing Missouri Cohabitation Forms allows for an organized structure that covers all necessary topics. Once completed, both parties should review the document, ensure clarity, and sign it to make it legally enforceable.

  • What does a cohabitation agreement include?

    A cohabitation agreement typically includes details about shared property, financial contributions, household responsibilities, and plans for conflict resolution. It may also outline provisions for what happens if the relationship ends, including asset division. By using the right Missouri Cohabitation Forms, partners can create a more comprehensive agreement that addresses their specific needs and concerns. This can foster a harmonious living arrangement as you build your life together.

Tips for Preparing Missouri Cohabitation Forms

Talking about finance and bureaucracy when you're in a relationship is difficult. But the Missouri Cohabitation Forms is a vital phase that you and your partner need to take in order to stay together without anxieties about what might happen in the event you two broke up.

  1. Create a list of the property and assets, and financial obligations. You have to be honest with one another and speak about what you owe and own. Include earnings and estate, and so forth. If you're thinking about buying a property or vehicle together, bring this up too.
  2. Focus on inheritance. What will happen to all the property if one of the partners dies? To save yourself and your cohabitant from court proceedings, include as much as possible in the terms of the inheritance in your contract.
  3. Think about your children. Explain who takes financial obligations for your kids. In case they have another parent who can handle them, you need to indicate it too and, additionally, describe how to use this financial help.
  4. Hire an unbiased legal expert. Preparation of a cohabitation agreement doesn't need any unique skills. But it's always much better to get a fresh pair of eyes that can examine your file for compliance with common law of marriage and so on. So for every cohabitant, going to a local attorney is highly advised.
  5. Keep Missouri Cohabitation Forms up to date. Anything can change after a while. For that reason, it is important to check and update your cohabitation agreement with new details.