Published on 05/24/2008

While marriage provides a wide range of legal protections for couples, those who choose not to marry but to cohabitate may find themselves facing a more challenging situation. If you are legally married, guardianship of children, assets, and finances all default to your spouse when you die. If you are not, you will need to make certain you have legal documentation to validate the rights of your partner to make important medical, financial and legal decisions. While some of this documentation may not be relevant depending upon your preferences and lifestyle, it is all worth considering. Same sex couples will also find this sort of information critical to protect their and their partner's rights.

Legal Protections for Cohabitating Couples

The first document largely serves a financial function. A durable power of attorney allows your partner (or anyone else you might assign) the ability to buy and sell stocks, handle banking and taxes, manage real estate and more. A durable power of attorney also allows you the right to manage these issues if your partner is unable to for health reasons, making it a critical document for couples who may have shared financial resources, but no legal relationship.

Next, several documents are critical to health care. A health care proxy allows you to assign another individual to make health care decisions if you are unable to do so. This can be a friend, family member, or partner. Without such a document, these decisions could fall to your legal next of kin. Alongside a health care proxy, you may wish to have a living will which clearly delineates your preferences in the case of a life threatening situation with regard to long term care, life saving interventions, and the use of a ventilator or feeding tube.

Couples with children may need to consider temporary guardianship papers for day to day use to support a partner's routine care of children in the relationship. Also, should it be relevant depending upon the children's parentage, a guardian should be appointed in the biological parent's will.

Finally, all of us need a will. Your will provides you with a voice in what happens to your assets, your debts, your children and even your dog. If you lack the legal protections inherent in marriage this is especially important, as it will allow your partner to retain what should rightly belong to them. Do also be certain that your partner is, if desired, your life insurance beneficiary, and take steps to provide appropriate financial protection for any minor children in the relationship.

If you need assistance setting up the appropriate legal paperwork for you and your partner, take the time to call attorneys in your area, and ask about their experience with cohabitating couples. You may also find that some online legal resources provide access to these forms, and typically in many states, witnessing and notarizing the forms is legal in a court of law. In some states, a civil union or domestic partnership may be an option, and provide some of the same legal protections without the paperwork.