Cohabitation and Prenuptial Agreements?

Prenuptial agreements are contracts that are executed prior to a marriage.  As two people living together, you may enter into what is known as a cohabitation agreement, which is basically a contract between you and your partner, that allows both of you to define your partnership in important areas such as:

1. the payment of debts
2. the duty of financial support during the cohabitation or upon its termination
3. distribution of property in the event of dissolution or death
4. the right of guardianship in case of incapacitation
5. division of the residence in the event of death or termination of the relationship
6. health care decisions in the event of emergency
7. medical decisions

There are very few state laws on cohabitation agreements, which are governed by general contract principles and are typically not enforceable once the parties marry.