Why a Cohabitation Agreement in Ohio Is Essential for Unmarried Couples
Are you planning to cohabitate or are you presently unmarried and cohabitating? Do you worry about what would happen if you and your partner were to separate? Or what if one of you were to pass away? What would happen to your house? Your kids? Your stuff? If you’re looking for peace of mind, a cohabitation agreement in Ohio may help.
What is a Cohabitation Agreement?
A cohabitation agreement is a contract between unmarried couples who live together, but do not wish to be married. It allows couples to spell out their rights and responsibilities during the relationship. It also includes terms setting forth what would happen in the event that one may pass away or if the couple decides to separate. In many ways it is similar to a prenuptial agreement.
Why Consider a Cohabitation Agreement in Ohio?
Ohio does not recognize common-law marriage (marriage without a ceremony) or palimony (legal disputes over financial support and property without a marriage) based solely on cohabitation. This means that without a legal contract, there are no legally enforceable rights or protections regarding asset or debt division or other areas that a divorce court typically handles for married couples.
But there is possibly some good news! Courts in Ohio may enforce cohabitation agreements under recognized contract law if they are properly drafted and meet specific legal requirements.
Benefits of a Cohabitation Agreement.
- When one person provides financial support and the other provides for the home:
A cohabitation agreement can allow you to share a residence and to share earnings. It also can provide for the financial support of a spouse and can provide for the support of any child. Since there is no automatic right to inheritance without a marriage, the agreement can also establish the rights of a cohabitating partner and their children if one partner was to pass away.
- When both are employed and want to share jointly acquired property:
A cohabitation agreement may empower the couple to share equally household responsibilities, earnings, and accumulated property. Since both parties are career-oriented, neither party would receive support from the other during or after the relationship.
- When both are employed and ONLY want to share household and related expenses:
This type of agreement allows you to share living expenses and household tasks but assures that all earnings and any and all property acquired by either property will remain separate.
- Can be drafted to satisfy your specific concerns:
Cohabitation agreements can be tailored to cover most scenarios facing unmarried couples that they would want to nail down. There are certain areas not permitted to be included due being contrary to public policy or which might be illegal.
Cautions to Consider.
Creating a cohabitation agreement in Ohio doesn’t automatically guarantee that the contract will be enforced if there is a breach. Without becoming legally married, there are no legal protections afforded to unmarried individuals who decide to live together. Creating a detailed well-drafted cohabitation agreement is the only approach available. The underlying legal foundation of a cohabitation agreement is rooted in basic contract law. I can also share that these contracts are relatively new, especially in Ohio. There is little case law in Ohio to help us for guidance at present. But there is a fair amount of case support for these agreements in other states. Litigation regarding a cohabitation agreement would need to be filed in the County Common Pleas Court on the civil docket and not through the Domestic Relations Court.
MuesLaw can assist you with cohabitation related issues. To learn more, please go to our website at www.MuesLaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!
PUBLISHER’S NOTE:
I want to thank Rachel Recker for helping draft this blog article. Rachel is clerking with MuesLaw this Summer. She graduated last month from the University of Dayton School of Law and besides clerking with us she is studying for the Bar exam. Great job Rachel! We are glad you are working with us!
Please consider joining or following us!
© 2025, Ohio Family Law Blog. All rights reserved.
Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he previously managing the Dayton law firm of Holzfaster, Cecil, McKnight & Mues LPA until it dissolved on December 31, 2024. He recently has founded MUESLAW in 2025. To learn more about him or MUESLAW, visit www.MuesLaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.