BarbriSFCourseDetails

Course Details

This CLE webinar will discuss how to mitigate the unique legal and economic issues that arise for an unmarried couple if the relationship ends or when one needs to make legal decisions for the other. The program will discuss cohabitation agreements, property rights and division, custody, and even touch on the Economic Rights of Unmarried Cohabitants Act being considered by the Uniform Laws Commission.

Faculty

Description

Unmarried cohabitants are usually considered "legal strangers" and have no more rights against their partner or the partner's property than any stranger might. Yet, they often buy property, have children, start businesses, and otherwise proceed as if they do.

The differences between the rights of spouses and unmarried couples can be especially stark in times of crisis or change and when the relationship ends. Some states mitigate this by recognizing civil unions or domestic partnerships, and others may still provide for common law marriage. Unique problems may exist concerning government or employment benefits.

Unlike marriage, where rights exist due to the marriage relationship, non-married couples have to think ahead to protect themselves and their partners.

Listen as this panel of family law experts guides family law attorneys in how unmarried individuals can protect themselves.

Outline

  1. Legal status of unmarried cohabitants to each other
    1. Limits of civil unions and domestic partnerships
    2. Myths of common law marriage
  2. Cohabitation agreements
    1. Timing
    2. Contents
    3. Identifying the client and need for separate counsel
  3. If the relationship ends without a cohabitation agreement
    1. Financial responsibilities
    2. Ownership for joint purchases
    3. Residential financial obligations
    4. Child support and custody issues
  4. Inheritance rights if partner dies

Benefits

The panel will review these and other key issues:

  • What is the best way to hold title to property for cohabitants?
  • Should partners give financial authority to the other?
  • How is appreciated property divided when the relationship ends?
  • Does the child of a deceased partner have greater rights than the surviving partner?