ABA Family Legal Guide

Family Law

Marriage

Living Together Outside of Marriage

May two unmarried people who are living together enter into agreements about sharing expenses or acquiring property?

Yes. People may want to agree about who will pay what and how they will share in property that they might acquire. From a legal standpoint, it is best to make the agreements specific and in writing. An oral agreement might be enforceable, but it is more difficult to prove because the parties to the agreement often have differing views. Each party to the agreement should give some benefit to the other party, such as agreeing to pay a certain portion of expenses. If an agreement looks as though it is only creating a gift from one party to the other with the recipient giving nothing in return, the agreement might not be enforceable.