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Is it too late to draw up a cohabitation agreement if we are already living together?

Denver, CO |

If I am already living together, how difficult will it be to draw up a cohabitation agreement? Will that be even possible since we already obtained things together?


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Attorney answers 3


No. You can draw up a cohabitation contract at any time. It is not like a prenuptial agreement that has to be entered into prior to the wedding ceremony. You can contract right now as to what happens if you should decide to part as far as property purchased together and divide up who gets what.

Stephen Clark Harkess

Stephen Clark Harkess


In fact, even a prenuptual agreement can be addressed after the marriage. It's called a marital agreement when entered into during the marriage. There are a few differences but you can generally accomplish the same thing as in a prenuptual agreement. You can always sit down and plan for the future.

Christopher Daniel Leroi

Christopher Daniel Leroi


See, after 20 years, I still learn from Mr. Harkess every day. He is a great attorney.


It's never too late to plan ahead. You can discuss and put together agreements regarding how you will handle the disposition of your joint property if you ever separate.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


No, it's not too late. I'm sure you still remember who brought what to the relationship, and now all you have to do is decide how to treat the things you boguht since you moved in together, and how you'll treat the things you buy in the future.

Your lists of possessions might be a little longer than they would have been had you done this before moving in, but it won't be that much more complicated. And since you're already living together, you both have a good idea of what doesn't need tweaking and what does.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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