Minnesota Cohabitation Agreements

Protecting Your Future Together with Cohabitation Agreements

 

Living together without marriage is more common than ever. Some couples see it as a step toward marriage , while others prefer to keep their commitments flexible. Whatever the reason, it’s easy to overlook the legal side of cohabitation—until an issue arises. Unlike married couples, cohabiting partners don’t have automatic legal protections if they break up or disagree about finances. A cohabitation agreement can help.

 

Property and Finances

 

Minnesota law doesn’t treat cohabiting couples like married couples.  That is particularly true if they own real estate together.  For real estate, title to the property determines who the owner is absent a written agreement to the contrary. That means if you and your partner break up, there’s no automatic process for dividing property, and perhaps no legal remedy for real estate. A cohabitation agreement can outline who owns what and how assets like homes, cars, and furniture should be divided if the relationship ends.

 

It’s also useful for everyday financial matters. The agreement can spell out who pays for rent, utilities, groceries, or shared expenses. This prevents misunderstandings and ensures that financial responsibilities are clear from the start.

 

Debt and Credit

If one partner brings significant debt, like student loans or credit card balances, into the relationship, the other shouldn’t be on the hook for it. A cohabitation agreement can make that clear. It can also set expectations for shared debt, such as joint credit cards or co-signed loans, ensuring both partners agree on how those will be handled in case of separation.

Without an agreement, disputes over debt can lead to financial strain and legal headaches. A written plan helps both partners avoid unexpected obligations.

Preventing Disputes

Money and property disputes can turn breakups into drawn-out battles. A cohabitation agreement reduces uncertainty by laying out expectations from the start. It’s easier to follow a plan both partners agreed to in writing than to argue about who owes what after emotions are running high.

Having clear terms also helps prevent misunderstandings. When both partners know what to expect, there’s less room for conflict, making separation—if it happens—less stressful.

Flexibility for Changing Circumstances

 

One of the best things about a cohabitation agreement is its flexibility. Unlike marriage and divorce laws, which apply to all couples the same way, a cohabitation agreement is customized to fit your situation. You and your partner can decide what to include based on what matters most to you.

 

And if life changes—maybe you buy a house together, have kids, or take on new financial responsibilities—you can update the agreement to reflect your new reality. It’s a practical way to keep your legal and financial plans in sync with your relationship.

 

Legal Clarity and Enforcement

 

Minnesota courts don’t automatically grant cohabiting couples the same legal rights as married couples. That means, without an agreement, you may have little legal recourse if issues arise. Just because you don’t have a marriage license does not mean your relationship is less significant. Give your partner and yourself the legal protections you deserve with more than just a “piece of paper.” 

 

If you’re living with a partner and want to protect your financial future, a cohabitation agreement is worth considering. At Melchert Hubert Sjodin, PLLP , we help couples create agreements that fit their unique needs. Call us at (952) 442-7700 to set up a consultation and make sure you and your partner are on the same page—now and in the future.