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Cohabitation Agreements

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Cohabitation Agreements are commonly overlooked when parties intend to move in together.  However, in many instances they can be absolutely essential, especially when the party moving in with the other does not have an ownership stake in the property or is not on the lease with the landlord.  In these instances a party may need substantial court involvement to simply have their personal property returned and they might find themselves evicted from their former residence without recourse, even if they were contributing to the parties’ joint expenses.  However, it is possible (not even uncommon) for one party to try and sneak prejudicial language into a cohabitation agreement to hurt their spouse later.  For this reason it’s important to have the Agreement reviewed by separate counsel even if your partner presents it to you and tells you, “there is nothing to worry about”.