When life transitions are planned for with a joyful expectation of the outcome, I can be a point of balance offering services related to Co-Habitation Agreements.  At such times, I find people are searching for future alternatives to a general absence of state law. 
And, the GOOD NEWS is:
YOU HAVE ALTERNATIVES!  Here is some information about the Co-Habitation Agreement services that I offer and why you may want to choose this service.

Co-Habitation Agreement

THE PROCESS

The subject matter of a Co-Habitation Agreement can be stressful as there is a general lack of Arizona state law pertaining to domestic partnerships.  Individuals, whether opposite or same sex, desiring to co-habitate in a domestic partnership have little guidelines for how to successfully create a legal arrangement that is satisfactory to both parties. I believe that individuals benefit when a process to explore Co-Habitation Agreements can be created that is supportive the anticipated domestic partnership.  Components of such a process include empowering the party’s constructive communication regarding domestic partnership matters and maintaining a collaborative approach that also supports the building of a successful domestic partnership.

 

WHAT HAPPENS IF YOU DON’T HAVE A CO-HABITATION AGREEMENT?

Arizona has laws providing for matrimony, community property, dissolution of marriage and the estate of a decedent.  Arizona does not have laws specifically providing for individuals who co-habitate outside of marriage.  Since there is an absence of laws to guide the court, cases involving the rights of individuals who co-habitate have mixed outcomes in court litigation.  

The real question facing individuals before co-habitating is whether the absence of definitive laws works for them under their particular circumstances.

 

WHAT HAPPENS IF YOU DO HAVE A CO-HABITATION AGREEMENT?

Importantly, you first have the opportunity to review with an attorney whether the absence of definitive laws in Arizona works for you under your unique situation.

If you find you would like to create alternatives in the absence of definitive laws in Arizona, the parameters of how to do so are set forth in contract law.  Individuals who co-habitate may make written contracts.  Some alternatives that you may want to address in a Co-Habitation Agreement include:

  • How assets will be owned and managed between the domestic partners, including assets owned prior to the co-habitation as well as assets acquired during the co-habitation
  • How income and expenses will be allocated and managed between the domestic partners
  • In the event of a dissolution of the domestic partnership, how  assets, liabilities and income will be allocated
  • In the event of a death of one of the domestic partners, how  assets and liabilities will be allocated
  • Providing for dispute resolution regarding the Co-Habitation Agreement

 

ROLE OF AN ATTORNEY

Only Arizona licensed attorneys are authorized in Arizona to give legal counsel and advice regarding Co-Habitation Agreements.  They are also authorized to prepare Co-Habitation Agreements.  Finally, in the event of litigation regarding a Co-Habitation Agreement, courts carefully scrutinize the enforceability of the Co-Habitation Agreement.  When each party to the Co-Habitation Agreement is represented by a licensed attorney, there is a greater likelihood that the conditions pertaining to enforceability have been met and that the court will grant enforcement.

 

MY GOAL is to create a supportive process that empowers you to have constructive communication with your domestic partner regarding financial matters and that is collaborative rather than adversarial.  If this is YOUR GOAL, please contact Elizabeth A. Winter, Esq. for an appointment.

 

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