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Date Posted: May 9, 2025 1:16 pm Author: Scott A. Levine
Moving in together is a significant step for any couple, but it also raises some complex legal issues.
A living-together agreement—or cohabitation agreement—allows unmarried couples in South Florida to protect their rights, assets, and responsibilities while sharing a home.
These agreements help prevent misunderstandings and ensure that both parties receive fair treatment in the event that circumstances change in the future.
Florida doesn’t automatically give unmarried couples the same property rights or legal protections as married folks.
Couples can use living together agreements to outline who owns what, who pays for what, and even what happens to children or pets in the event of a separation.
Many people in South Florida are opting to live together without getting married, leading to an increase in this type of planning.
Increasingly, more unmarried couples are choosing to live together each year. Over 17 million people in the U.S. cohabit—that’s about 7% of the country’s population.
Florida’s numbers are on the same track. The number of unmarried cohabiting couples has doubled since the mid-1990s.
Lots of children in South Florida grow up in homes with unmarried parents, which shows just how normal this type of family is becoming.
Key facts:
The legal needs of these couples continue to grow. Law firms in the region are seeing an increase in requests for cohabitation agreements, as they help protect each partner’s rights.
A Living Together Agreement is a contract between domestic partners that decides how they will handle property, debts, and household expenses.
The agreement can also say what happens if the relationship ends or if one partner becomes disabled.
Many couples use this document to clarify their financial expectations and goals. Some agreements even cover support for kids or pets. The contract may also specify who is responsible for paying rent, utilities, or healthcare.
Florida does not grant unmarried couples the same property or inheritance rights as married couples, so this agreement provides both individuals with greater control and peace of mind.
A Living Together Agreement is also known as a cohabitation agreement, domestic partnership agreement, or living together contract. Some people refer to it as a cohabitation property agreement or simply a domestic partnership.
Whatever you call it, the idea’s the same—a legal contract for couples who live together but aren’t married. Florida does not offer civil unions, so couples typically focus on contracts between individuals here.
These agreements help couples avoid confusion and are especially useful if you own property together, share bank accounts, or have a blended family.
In Florida, a Living Together Agreement is usually enforceable if it meets basic contract rules. It needs to be in writing, both parties must sign voluntarily, and the terms should be clearly defined.
Florida law doesn’t automatically recognize rights for domestic partners or unmarried couples. There are no automatic protections like those afforded by marriage, but if you sign a cohabitation agreement, Florida courts can treat it as a valid contract.
The courts may not enforce promises regarding personal matters, such as household chores or intimate relationships. Still, they will implement financial and property agreements, as well as other clear terms related to ownership and support.
Married couples in Florida receive numerous automatic legal rights, including inheritance rights upon the death of one spouse, joint ownership of property, and spousal health benefits. Unmarried couples, including domestic partners, do not have those protections.
A Living-Together Agreement or cohabitation agreement is crucial if you want to decide on property division, support, and other legal issues for yourselves.
These contracts don’t confer the same status as a civil union or marriage, but they allow couples to create their protections.
Comparison Table: Rights of Married vs. Unmarried Couples in Florida
| Legal Issue | Married Couples | Unmarried Couples with Cohabitation Agreement |
| Inheritance Rights | Yes | No (unless stated in agreement/will) |
| Joint Property Rights | Yes | If specified in the agreement |
| Health Decisions | Yes | If specified in the agreement/POA |
| Financial Support | Yes | If specified in the agreement |
| Automatic Protections | Yes | No |
Unmarried couples in South Florida face unique legal challenges, especially around homeownership, property rights, and personal security. Without written agreements, they might find themselves unprotected in matters that married couples take for granted.
Florida law does not treat unmarried couples the same as married spouses when it comes to property ownership. If two people buy a house together, their rights depend on how the deed is titled and what is in the purchase documents.
Common law marriage isn’t recognized here, so just living together—even for decades—won’t give you marital rights. You must plan to avoid some tough situations.
If an unmarried couple splits or one partner passes away, dividing or inheriting property can become tricky quickly. Courts do not automatically consider the property to be shared.
Only written documents, such as a cohabitation agreement or joint ownership on the deed, provide real legal protection.
Without those, expect disputes over title or ownership, and likely a significant amount of stress and financial risk for everyone involved.
Marriage in Florida grants spouses automatic legal rights, including inheritance, alimony, Social Security benefits, and certain protections from eviction. Unmarried partners do not automatically receive these benefits simply by being together.
If a married person dies, their spouse usually inherits the home and other assets. Unmarried partners? There is no guaranteed claim unless special planning has been made.
This leaves individuals vulnerable to losing assets or even being forced to leave their homes. Alimony and Social Security survivor rights? They simply don’t apply to unmarried couples, no matter how long you’ve been together.
Written agreements and careful planning are your only real shot at securing these rights as an unmarried partner.
South Florida’s housing market is a wild, competitive, and expensive one. Unmarried couples often pool income and credit just to afford a home, which only ups the risk if things fall apart.
Courts won’t divide property fairly for unmarried couples unless there’s a clear, written agreement. It’s that simple.
Written agreements can clearly outline ownership shares, exit plans, and procedures for handling a sale or other transactions. These documents protect each person’s investment and help keep the peace.
Living together in South Florida? Levine Family Law can draft your cohabitation agreement to protect what matters—property, finances, and peace of mind. Talk to us before issues arise.
If you’re ready to get started, call us now!
A solid living-together agreement allows unmarried couples to set ground rules for property, finances, and personal matters—both during the relationship and in the event of a breakup.
Putting these issues in writing helps limit misunderstandings and offers some real legal protection in South Florida.
Property ownership is a huge concern for couples living together. Your agreement should list who owns what, from homes to cars.
Be specific about whether the property is separate or joint, and clearly outline what happens to the assets if you decide to separate. Couples can own property as joint tenants, tenants in common, or in one name only.
Outlining rights, such as buyout options or division methods, helps avoid confusion. If someone passes away, these choices affect each person’s right of survivorship and access to the property.
Lay out financial expectations up front. Who’s paying rent, mortgage, utilities, and household bills? Be specific.
Decide how you’ll split joint expenses and what happens if someone can’t pay. Cover joint bank accounts, debt handling, and who’s liable for what.
Some couples prefer one person to handle most expenses, while others split everything or divide costs according to their income. Since unmarried couples lack automatic financial support rights, it is smart to address these details in advance to avoid surprises.
Document who owns what if you’re buying furniture, cars, or electronics together. Include a list of major purchases and what happens to each item if you split or someone moves out.
Establish rules for joint bank accounts, including deposit and withdrawal procedures, as well as account closure policies. Determine how to divide or buy out shared assets, like investments or savings. It’s way easier to agree now than fight later.
Writing down asset ownership in a cohabitation or property agreement is one of the best things you can do, since unmarried couples don’t get the same legal treatment as married ones.
Pets and personal stuff can cause drama. Your agreement should clearly outline who owns each pet, who will have custody in the event of a separation, and who will be responsible for paying veterinary care and bills.
Pet “custody” can become emotional; details such as visitation or support arrangements help prevent conflicts. For personal property, such as jewelry, heirlooms, and collections, itemize who owns what.
Clear ownership of pets and personal items helps avoid misunderstandings and provides a layer of protection, similar to what prenuptial agreements offer for married couples.
A good agreement outlines the procedures for resolving disputes. Mediation, arbitration, or whatever you both agree on should come before the court.
List the steps for settling disagreements—it saves time and money. Also, include how you will handle changes to the agreement, such as amendments or updates.
With clear dispute resolution, you’ll manage conflicts over property, money, or personal stuff in a more structured way. It’s not a magic fix, but it sure beats a messy court fight.
A living together agreement allows unmarried couples in South Florida to establish their own rules for property, finances, and responsibilities. But legal protection only works if you follow certain steps that Florida law recognizes.
Your cohabitation agreement must be in writing to be enforceable in the state of Florida. Oral agreements regarding living arrangements or property sharing are typically not enforceable in family court.
The agreement should outline each person’s rights and duties, including financial matters, property ownership, and debt obligations, among other key aspects. Both people need to enter into it voluntarily, without pressure or force.
Florida courts check the fairness of the terms to ensure neither side is misled. Using simple, clear language makes things easier for everyone.
Courts in South Florida view these agreements as valid contracts, provided they do not contravene public policy. Anything illegal or unfair—like contracts based on exchanging money for romance—won’t fly.
Both parties should obtain their independent legal advice before signing. Each person needs a lawyer looking out for them, not just one lawyer for both.
Lawyers explain rights, review the agreement, and assist in negotiating fair terms. If only one person had a lawyer or there was pressure to forgo legal advice, courts might question the fairness of the agreement.
Independent counsel demonstrates to the court that both individuals were aware of what they were signing and understood the consequences of their actions.
Lawyers can also spot risks you might miss and draft language that meets Florida’s requirements. This step increases the likelihood that your agreement will hold up in court.
Before signing, both parties must share a complete and honest financial disclosure, also known as a “full financial disclosure.” That means income, bank accounts, property, debts, investments, and other financial obligations.
You can attach a financial disclosure statement to the agreement. Listing everything helps both people make informed choices. If someone hides assets or debts, the contract might not be enforceable.
Florida courts seek fairness, and concealing information can lead to claims of fraud. Accurate disclosure fosters trust and maintains a level playing field for both parties. It also helps avoid ugly conflicts if things go south.
Florida law requires a cohabitation agreement to be properly executed to be valid. The best way to do this is for both parties to sign in front of a notary public.
Notarizing confirms the individual’s identity and verifies their willingness to sign. Some agreements also require one or two witnesses, which helps prevent disputes over the authenticity of signatures.
To avoid court challenges, initial every page and ensure both parties get an original or certified copy. Keep the agreement somewhere safe.
It’s a good idea to review your living together agreement every few years or after significant life changes. Buying a property, having children, or getting a new job can quickly render your old agreement outdated.
Periodic reviews let you update terms or add new details. Reviewing also helps you catch changes in Florida law that could impact your agreement.
Document each review, and if you update any information, do so in writing with both signatures and a new notarization.
This keeps your agreement relevant and enforceable as life changes. Staying current reduces risk for both sides.
Don’t leave your home, assets, or future to chance. Levine Family Law helps unmarried couples put clear property and financial terms in writing—secure your living situation today.
If you’re ready to get started, call us now!
Living-together agreements aren’t meant to sit on a shelf forever. Changes in life, finances, or where you live usually mean it’s time to review and update the agreement to protect both partners.
If a couple welcomes a child, updating the agreement promptly is essential. A new child can affect financial responsibilities, parenting expectations, and future care plans.
Buying a home together creates shared property interests. The agreement should specify how the house will be owned and outline what happens if the couple separates or one partner passes away.
If a partner receives a large inheritance, they may want it to be protected as separate property from their marital assets. Updating the agreement can clarify rights to inherited income or assets, ensuring a clear understanding of the parties’ responsibilities.
Making clear arrangements about new family members or assets lowers the risk of disputes during a breakup or other big changes.
Securing a new job, receiving a raise, or losing a job can alter the dynamics in a relationship. If one partner starts earning significantly more, both may want to reconsider how they split expenses or save for the future.
Taking on new debt, such as a loan or mortgage, should prompt a review of your financial responsibilities.
If one person is taking on more risks for the couple, the agreement should reflect this and ensure that both parties understand their respective duties.
Financial windfalls, such as winning the lottery or selling a business, can impact joint plans. Including these details keeps the agreement accurate and fair.
If a breakup occurs, an updated agreement can simplify the division of money or assets.
Moving changes living costs, property arrangements, and sometimes legal rules. If the couple moves in together for the first time, the agreement should clearly outline how rent, utilities, and repairs are to be shared.
Property laws may remain the same if they relocate within Florida, but it is advisable to verify whether local rules impact rental or ownership rights.
Moving out of state can mean that the law changes, and the agreement may need significant updates to remain enforceable.
An updated agreement lists who covers moving costs, deposits, and what happens with shared belongings or pets. This helps avoid misunderstandings in the event of a breakup.
Long-term plans may include retirement, healthcare, and estate matters. If a couple updates wills, trusts, or life insurance, the living together agreement should also be reviewed.
If either partner wishes to name the other as a healthcare proxy or add them to emergency contacts, this should be included in the agreement. Clear decisions now can avoid confusion in a medical emergency.
Adjusting the agreement to accommodate future wishes—like caring for aging parents or supporting children from a previous relationship—makes it easier to achieve long-term goals.
Many couples in South Florida believe that living together confers the same legal rights as marriage.
That’s not really the case, and understanding these agreements helps prevent confusion about property, financial support, and legal protection.
Some believe that long-term cohabitation can lead to a common-law marriage in Florida. However, that is not true for relationships that began after January 1, 1968.
Florida doesn’t recognize new common-law marriages. Couples who live together aren’t considered married, no matter how many years they’ve been together.
Married couples in Florida are entitled to certain legal rights during divorce or separation. Cohabiting partners do not receive these protections unless they enter into a formal legal agreement.
Some people believe that after a breakup, their ex-partner will be required to provide them with financial support, such as alimony or child support.
In reality, Florida doesn’t give unmarried partners the right to claim palimony. Alimony is typically reserved for married couples going through a formal divorce process.
Cohabiting partners can agree in writing to support each other in the event their relationship ends, but the law does not require this. A living together agreement can spell out any support promises and make them enforceable.
Without this agreement, courts won’t force one partner to pay “palimony” after a separation.
Some believe these agreements are not legally binding or that courts disregard them.
Actually, Florida courts can enforce a cohabitation agreement if it’s clear and covers property, finances, or other legal matters.
For an agreement to be valid, both partners must sign it willingly. These agreements can control property ownership, debt division, and financial support.
Courts will not enforce unfair agreements signed under duress or encourage illegal acts, such as promises to stay together forever. Clear contracts help both parties understand their rights and avoid confusion.
Some worry that making a formal agreement will create stress or signal trouble. However, discussing topics such as ownership, debt, and financial support can help couples build trust.
It also provides a safety net in case of separation. Living together agreements can help prevent future disputes over property or finances.
Couples who discuss these issues openly tend to have fewer disagreements when facing significant changes, such as a breakup or moving out. It can make the transition smoother for both people.
Drafting a living-together agreement requires sensitivity and careful preparation. It can help address concerns about fairness, stability, finances, and long-term goals.
Effective communication is crucial when negotiating legal agreements. Set a time to talk when both partners are calm and not distracted by other tasks.
It might be helpful to agree that the conversation is about mutual respect and ensuring both people feel secure. Using “I” statements, such as “I feel better when expectations are clear,” can lower defenses.
Listen carefully and acknowledge fears about trust or control. Maintaining a neutral and positive tone shows respect for each person’s point of view.
If emotions run high, pause and come back later. Having the discussion in a comfortable setting helps, and writing down key points in advance can effectively guide the conversation.
A living together agreement shouldn’t feel like an ultimatum. Couples should see it as a tool for protecting both people equally.
For example, both partners gain clarity over who owns what or who’s responsible for debts—pretty important in South Florida, where living costs can be wild.
Emphasize that cohabitation agreements provide security if things change. This kind of agreement also reduces the chance of confusion or disputes later on.
Pointing out that the agreement can be customized to fit their needs may make it less intimidating. It also helps to discuss the risks of not having an agreement, such as legal battles over property or finances if the relationship ends.
It’s often easier to discuss the practical reasons for a living-together agreement. Couples typically share bills, purchase furniture, and sometimes even buy a home together.
Without a written agreement, it may not be clear who is responsible for what if things change. Having a cohabitation agreement helps settle questions about property, pets, or other shared responsibilities.
This direct approach can alleviate concerns about financial fairness and establish clear expectations for both partners.
A short list of practical benefits includes:
Highlighting these benefits keeps the conversation grounded in real-life situations, not just emotions or fears. Cohabitation agreements are becoming more common for couples who want control over their own affairs.
You don’t always need to talk to a lawyer right away. Still, it’s smart to reach out if things start to get serious.
An attorney can guide you through Florida’s laws and ensure your agreement is enforceable. They’ll answer questions, like what happens if someone moves out or wants to sell the house.
If you’re dealing with high-value property, a business, or kids, getting professional advice is even more important. An attorney might recommend changes to protect both of you.
When both people have their own lawyers, it’s less likely that anyone will later claim the agreement was unfair. That’s just safer for everyone.
Before signing any official documents, consult a lawyer. This step can save you a lot of headaches—and money—down the road.
Ready to protect your relationship with a solid legal foundation? Contact Levine Family Law to create a customized living together agreement that fits your life now—and whatever comes next.
Are living together agreements legally binding in Florida?
Yes, living together agreements are legally binding in Florida if they are written clearly, signed voluntarily by both parties, and follow standard contract rules.
What should be included in a cohabitation agreement?
A cohabitation agreement should include property ownership, financial responsibilities, debt division, support arrangements, and terms for what happens if the relationship ends.
Do unmarried couples have any legal rights in Florida?
No, Florida does not grant automatic legal rights to unmarried couples. Cohabiting partners have no guaranteed property or inheritance rights without a written agreement.
How can a cohabitation agreement protect me?
A cohabitation agreement protects you by defining property ownership, financial obligations, and expectations. It helps avoid legal disputes and economic loss if the relationship ends.
What happens if my partner and I break up without an agreement?
Without a written agreement, dividing shared property, assets, or debts may lead to costly disputes. Florida courts do not assume joint ownership or provide support rights to unmarried couples.
Can a cohabitation agreement cover custody of pets?
Yes, couples can include pet custody, ownership, and care arrangements in a cohabitation agreement, which helps avoid disagreements during a breakup.
When should we update our cohabitation agreement?
Update your agreement after significant life changes, such as having children, purchasing property, changing jobs, or relocating. Regular reviews ensure that the terms remain relevant and legally effective.
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