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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 08-06-2010, 01:29 PM
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Default Cohabitation Agreement Help

Hello,

Thinking about buying a home solely in my name. I would be the only one on title of the home. She would pay approx 1k per month or so in living and expenses.

If the cohabitation agreement bascically states whats mine is mine and whats your is yours (she's in debt). I am somewhat well off even after going through a divorce. She has no kids I have 2.

My question is if we breakup (lets say in 7 years).

Is she entitled to the increase in the value of the home if we clearly state that she is not in the cohab agreement?

What if at that time we now have a child together, is there any impact?


Is there a way to fully protect my home including the increase in value?

Any other input is appreciated.

Thanks.
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Old 08-06-2010, 01:34 PM
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You can contract out of division of family property but not child support.

So if the cohab stipulates no participation if growth of the home, you're fine.

If you have a child and then break up CS will be an issue regardless of what the cohab says, or doesn't, say on the issue.
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Old 08-06-2010, 01:46 PM
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Default Cohabitation Agreement Help

Thank you for clarifying so from your response it sounds like it matters not if I buy the home or carry a mortgage as long as I clearly state in the cohab agreement that I solely have title of the home and that I would get the increase correct?
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Old 08-06-2010, 02:59 PM
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Yes, I don't know what the commonly used language is, but the cohab must state that there will no division of family property on a breakdown in the relationship. You each keep what you bring into the relationship.
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