Cohabitation agreement maryland 2025

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In Maryland, unmarried cohabitants can create express written contracts that are enforceable in a court of law. They can also create express oral contracts to divide personal property, but they are best advised to put into writing any divisions of real property.
Common-law marriage is an informal marriage, without a marriage license or certificate. Common law couples can use other documents, like an affidavit or property deed to prove their relationship.
Maryland does not allow the creation of a common law marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. Unlike some other states, in Maryland a couple cannot acquire marital rights and responsibilities by living together for a particular period of time.
However, you may be able to draft a detailed cohabitation agreement as long as the stipulations are independent of a relationship with marriage-like qualities.
Commonly, there are three types of cohabitation such as alternative to marriage, precursor to marriage and alternative to being single.
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At least 18 years of age, The sole domestic partner of the other partner, Not married, and In a committed relationship with the other partner. The two partners must prepare a Declaration of Domestic Partnership to be filed with the Register of Wills in the jurisdiction in which they reside.

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