Common Law Partner Agreement for the United States

Common Law Partner Agreement Template for United States

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What is a Common Law Partner Agreement?

The Common Law Partner Agreement serves as a crucial legal framework for couples who choose to establish a committed relationship without formal marriage in select U.S. states that recognize common law marriages. This document becomes essential when partners wish to clearly define their rights, responsibilities, and expectations regarding property ownership, financial obligations, healthcare decisions, and potential separation. The agreement is particularly important as common law marriage recognition varies significantly by state, and having a written agreement helps protect both parties' interests and avoid future disputes. It typically includes provisions for property division, financial arrangements, medical decision-making authority, and mechanisms for resolving disagreements.

What sections should be included in a Common Law Partner Agreement?

1. Parties: Identification and details of both partners

2. Background: Context of relationship and purpose of agreement

3. Definitions: Key terms used throughout the agreement

4. Declaration of Relationship: Statement of intention to be considered common law partners

5. Property Rights: Management and ownership of joint and separate property

6. Financial Arrangements: Handling of shared finances and expenses

7. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Common Law Partner Agreement?

1. Children: Provisions for custody, support, and care arrangements when partners have or plan to have children

2. Immigration Provisions: Immigration-related arrangements and considerations when one partner is not a U.S. citizen

3. Business Interests: Management and division of shared business interests for partners with joint business ventures

4. Inheritance Rights: Specific provisions for rights of survivorship and inheritance arrangements between partners

What schedules should be included in a Common Law Partner Agreement?

1. Schedule A - Property Inventory: Comprehensive list of all separate and joint property owned by partners

2. Schedule B - Financial Disclosure: Detailed financial statements and assets of both partners

3. Schedule C - Debt Schedule: Itemized list of all separate and joint debts and liabilities

4. Appendix A - State Requirements: Documentation of specific requirements for common law marriage in the relevant state

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author