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If a cohabitation form is not signed by one party, will it be legal if the other signs it and provides a copy to her partner?

Sioux City, IA |

Common law is applicable after a year in Iowa.
One party does not wish to sign the form agreeing that property acquired before the relationship, will not be affected by common law.

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Attorney answers 2


If one party does not agree, then it is not an agreement. If you are referring to common law marriage, both parties have to be in agreement that there is a marriage.

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Common law is not "applicable after a year in Iowa" if you are talking about the factors a court uses to determine whether there is a common law marriage. It is much more complicated then that.

I have no idea what you mean by a "cohabitation form" - is this some kind of domestic partnership agreement? If you are concerned about assets relative to a relationship that you believe could be interpreted as a common law marriage, you should consult with a family law attorney.

As for your question, if it is not agreed to by both parties (i.e., signed, or agreed to by some other evidence), then it will not be enforceable.

You can reach our offices directly at (515) 288-6041. The comments listed here are of a general nature and should not be understood to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am licensed in Iowa and to become your attorney, I need to understand the particular facts and circumstances of your legal question.