Do I Need a Rental Agreement If I’m Moving In With My Partner?
Congratulations on this next step in your relationship! Living together—legally known as cohabitation—opens the door to new experiences, but it also comes with important considerations. Ohio law is very direct: legally, you are either married, or you are individual persons. Unmarried couples don’t have the same legal protections as married couples, so setting clear expectations from the start can help you both enjoy this new chapter with confidence.
Discover what cohabitation agreements are, why they matter, and how they can help you avoid legal and financial headaches down the road. Watch the video below for more insights, then read on for practical advice.
In this video Attorney Weiss discusses how cohabitation agreements work, what they can cover, and why they’re valuable for couples who jointly rent or buy property.
What Is a Cohabitation Agreement?
Cohabitation means living together and sharing responsibilities—whether you’re splitting bills, chores, or family duties. Ohio law is clear: you are either married, with the legal protections that come with marriage, or you are considered individual persons. Unmarried couples do not have the same rights as married couples, so it’s crucial to set clear expectations in writing.
A cohabitation agreement is a contract between two people who live together but aren’t married. It can outline:
How rent and utilities are split
Who is responsible for chores or household expenses
What happens to jointly owned property, vehicles, or pets if you separate
Who stays in the home or apartment if the relationship ends
Why Should Couples Use a Formal Agreement?
Many couples believe a formal agreement isn’t necessary, especially when things are going well. However, when difficulties arise, the lack of clear arrangements can lead to confusion and conflict. Whether you’re buying property together or entering into a lease, having a written agreement helps set expectations and responsibilities, protecting both partners.
Even if you’ve lived together for years, it’s never too late to put your arrangements in writing. Ohio courts will enforce a written contract if a dispute arises. If nothing is written, a judge will decide who gets what, which can lead to uncertainty and stress.
What Happens If the Relationship Ends?
Without a cohabitation agreement, separating shared assets—like property, vehicles, or pets—can be complicated. A judge will try to determine your intentions, but it’s always better to have your financial arrangements in writing. Alimony doesn’t apply to unmarried couples, but written agreements about property or expenses are enforceable.
If you jointly own a home, your agreement can specify whether you’ll sell and split the equity, buy out your partner, or divide based on contributions. For rentals, you can agree on who moves out and who pays the remaining bills. These terms can save time, money, and emotional stress.
How to Get Started
Cohabitation agreements are flexible and can be tailored to your needs. You can include anything from bill payments to pet care. If you need help drafting an agreement or want to discuss your options, N.P. Weiss Law is here to help.
Additional Resources:
If you’re curious about what happens when couples buy a house together and then break up, or how real estate and family law can intersect in high-stakes situations, these resources offer deeper insights into the complexities that can arise—and why planning ahead matters.
We Bought a House Together and then We Broke Up. What Do We Do?
When Real Estate Law Meets Family Law: Navigating High-Stakes Legal Crossroads
Conclusion
A cohabitation agreement brings clarity and peace of mind by outlining financial and personal responsibilities. If you’re moving in with a partner or have questions about your legal options, speak with an experienced attorney who understands Ohio law.
Take the first step toward protecting your future— book a paid consultation now or contact our office to see how we can help.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning. He is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For personalized guidance, please consult with a licensed Ohio attorney
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