Protecting the Economic Rights of Cohabitants: Property Division, Inheritances, Custody, Cohabitation Agreements

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Thursday, March 10, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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

Mr. Feigenbaum is an experienced matrimonial and family law attorney who assists a diverse range of professionals and their spouses, including business owners, lawyers, investors, and entertainers, on their family law matters, with a notable focus on evaluating the optimal strategies to manage and resolve complex financial and custody disputes.

Mr. Stambleck works closely with clients to counsel them through both financial and custody aspects of divorce. His cases regularly involve the valuation of privately held businesses and alternative investments, where he is able to apply his financial and accounting background, and provide his clients with a skill set and perspective invaluable in family law matters. With substantial experience representing high net worth and high profile clients across a broad spectrum of industries, Mr. Stambleck’s family law matters include divorce, child custody and access, spousal and child support, paternity, prenuptial, postnuptial and separation agreements.

Mr. Weissbart is Vice Chair of Blank Rome’s Tax, Benefits and Private Client practice group. His practice focuses on all aspects of trusts and estates, including estate planning, estate and trust administration, charitable giving and the creation of tax-exempt organizations, and the representation of fiduciaries and beneficiaries in contested matters in the Surrogate’s Court. Mr. Weissbart’s expertise also includes advising his clients on trusts and estates issues related to matrimonial law, including tax issues incident to divorce. He also represents clients in the preparation and negotiation of prenuptial, postnuptial, and cohabitation agreements. In addition to his practice, Mr. Weissbart serves as an Adjunct Professor of Law at New York University School of Law, where he teaches Income Taxation of Trusts and Estates and International Estate Planning.
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
- Legal status of unmarried cohabitants to each other
- Limits of civil unions and domestic partnerships
- Myths of common law marriage
- Cohabitation agreements
- Timing
- Contents
- Identifying the client and need for separate counsel
- If the relationship ends without a cohabitation agreement
- Financial responsibilities
- Ownership for joint purchases
- Residential financial obligations
- Child support and custody issues
- 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?
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