Delete Pages From Legal Minnesota Cohabitation Forms For Free

Couples living in Minnesota who are not legally married do not have the same rights and privileges as those who are legally married. Why does this matter? Unmarried couples want to keep their financial lives they built together in good shape just like married couples.

In Minnesota, common law marriage doesn't exist. It was abolished in 1941. No matter how long you live with someone in this state or how often you tell people you're married, a common law marriage cannot be established in Minnesota.

In Minnesota, unmarried parties can have their assets (both real estate and personal articles) divided through a court proceeding called a 'partition'. Minnesota Statutes, Chapter 558.01 allows a partition action to proceed for the purpose of dividing property interests among unmarried parties.

A cohabitation agreement is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you're living together and if you split up, become ill or die. You can make an agreement at any time. It's good to do it before you move in together.

Cohabitation agreements do not replace a will, but courts will enforce them if the relationship ends because one of the partners dies. In Minnesota, cohabitation agreements have to be in writing in order to be enforceable. If you and your partner only have a verbal agreement, the court may not enforce it.

As a practical matter, however, unmarried couples seldom have contracts in place before a sexual relationship or cohabitation begins. Without this agreement, Minnesota courts won't consider a palimony claim.