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Pre-nup

Asked over 3 years ago - Seattle, WA

In the State of Washington do you have to have a prenuptial agreement prior to living together?

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Attorney answers (3)

David Alexander Phipps

Reputation Level 11

Answered over 3 years ago. Contracts / Agreements Lawyer in City Of Industry, CA.

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No. There is no formal agreement required. If you are concerned about who is responsible for expenses during the relationship or what is to happen to the money and personal property if the relationship ends, it would be wise to see an attorney to have a cohabitation agreement drafted. That agreement won't be called a prenuptual agreement - prenuptual means before marriage. If there is to be no marriage, the word prenuptual doesn't make sense.

This answer must not be relied on as legal advice for the reasons posted here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney.

David

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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There is no legal requirement that people planning to live together must have any type of written agreement with each other. However, it may make sense to discuss with each other the various issues that may come up and perhaps draw up a written agreement.

While a written agreement may not eliminate all conflicts, having a well-written agreement may make clear each party's expectations and obligations and thereby reduce the conflicts.

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Yale Lewis III

Reputation Level 13

Answered about 3 years ago. Family Law Attorney in Seattle, WA.

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short answer: no

longer answer: it definitely makes sense for the parties to discuss their expectations / hopes / desires prior to moving in together. writing this down makes sense because the process will help clarify those expectations and preserve them for future use.

if the plan is simply to co-habitate, the agreement is called a co-habitation agreement.
if the plan is to eventually get married, the agreement is call a pre-nuptial, or ante-nuptial agreement. careful drafting the pre-nup. for it to be enforced, there needs to be equality of bargaining power and it must be reasonable.

Yale Lewis, attorney

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