West Virginia 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.


West Virginia 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 West Virginia Cohabitation Forms

  • How do you write a cohabitation agreement?

    Writing a cohabitation agreement involves outlining key aspects of your relationship with your partner. Start with key details such as names, addresses, and the date of the agreement. Then include terms related to financial responsibilities, property division, and conflict resolution. Using West Virginia Cohabitation Forms from US Legal Forms can help streamline this process, ensuring you include all necessary elements in a clear and concise manner.

  • How to make cohabitation official?

    To make cohabitation official, first agree with your partner on aspects such as sharing expenses and living arrangements. Next, consider utilizing West Virginia Cohabitation Forms, which help outline your shared responsibilities legally. It may also be wise to consult with an attorney to understand any legal implications. Celebrating your commitment in front of family and friends can add a personal touch to the official acknowledgment of your cohabitation.

  • What is a cohabitant form?

    A cohabitant form is a legal document that outlines the rights and obligations of partners who live together without being married. West Virginia Cohabitation Forms specify arrangements regarding property, finances, and responsibilities, helping to prevent misunderstandings in the relationship. These forms provide clarity for both parties and serve as a reference point for legal matters. Utilizing these forms can simplify the process of managing shared life aspects.

  • How to create a cohabitation agreement?

    To create a cohabitation agreement, begin by discussing your shared responsibilities and expectations with your partner. Use West Virginia Cohabitation Forms from US Legal Forms to ensure you have all necessary components covered, such as financial obligations, property ownership, and dispute resolution. Once you draft the agreement, both parties should review it thoroughly. Finally, sign the agreement in front of a notary for legal validity.

  • How to write a cohabitation agreement?

    Writing a cohabitation agreement involves several key steps. First, discuss your expectations and financial arrangements with your partner to establish mutual understanding. Then, outline important factors, such as property rights and responsibilities, in clear language. For accuracy and legal validity, consider using West Virginia Cohabitation Forms available on the US Legal Forms platform to ensure that your agreement meets local legal standards.

  • What are the 4 types of cohabitation?

    Cohabitation can take several forms, depending on the relationship dynamics. Generally, the four types include romantic cohabitation, where partners live together in a committed relationship; platonic cohabitation, involving friends or relatives sharing living space; temporary cohabitation, often for financial reasons; and trial cohabitation, where partners test their compatibility before marriage. Understanding these types is important as you may need to prepare West Virginia Cohabitation Forms to protect your interests.

  • Who can write a cohabitation agreement?

    A cohabitation agreement can be drafted by the partners involved, but it's highly recommended to consult a legal professional. An attorney can ensure that the agreement complies with local laws and adequately addresses the needs of both parties. By utilizing West Virginia Cohabitation Forms, you can create a robust and comprehensive agreement that suits your unique situation.

  • What is unlawful cohabitation?

    Unlawful cohabitation refers to situations where couples live together in a way that violates specific legal standards or requirements in their jurisdiction. In some cases, this may relate to cohabitating while still married to someone else or breaking local housing laws. To avoid potential legal issues, it is advisable to outline your living arrangement using West Virginia Cohabitation Forms.

  • What is a cohabitation document?

    A cohabitation document is a legal agreement that outlines the terms of a couple's living arrangement. This document typically addresses aspects such as property division, financial responsibilities, and other important factors affecting partners living together. By using West Virginia Cohabitation Forms, you create a clear record of your agreements, providing peace of mind for both parties.

  • Is cohabitation illegal in West Virginia?

    No, cohabitation is not illegal in West Virginia. Many couples choose to live together without marriage for various reasons, and the state allows this arrangement. That said, it is wise to put West Virginia Cohabitation Forms in place to protect your rights and interests as a couple, ensuring clarity and mutual understanding.

Tips for Preparing West Virginia Cohabitation Forms

Talking about finance and bureaucracy when you're in a relationship is difficult. But the West Virginia 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 West Virginia 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.