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Family Law: Rights and Responsibilities of Unmarried Cohabitants
The mere cohabitation of two adults in Massachusetts does not of itself create legal rights and obligations between the parties. Massachusetts recognizes only valid ceremonial marriages and does not recognize common law marriages unless such a marriage would have been regarded as valid in the state in which it occurred. Although Massachusetts law does not recognize any duty of support by one unmarried adult cohabitant toward the other, both unmarried parents have an obligation to support their children.
There are certain specific circumstances in which one cohabiting party may acquire rights against the other. One such example, recognized by the court, occurred in a case in which one cohabitant failed to comply with his oral promise to make a will in favor of his lover. The lover later successfully sued the other's estate for the value of homemaking services which she provided to the deceased in return for his promise to compensate her under his will. If you believe that your contributions to a relationship or the promises of the other party have created an obligation on the other party to you which they have breached, you should consider consulting a private attorney concerning your recourse.
If the cohabiting parties actually sign an agreement establishing rights and obligations between them, it is likely that such a written agreement would be enforceable. A contract which directly provides for sexual services, however, would not be enforceable because it is premised on an agreement to commit a crime. As long as the sexual aspect of the relationship between the parties was not part of the financial bargain and was no more than incidental to the parties' relationship, there is no reason to preclude one of the parties from asserting rights under the written agreement. Such a contract may provide for what financial effect a separation between the parties may have, what would happen if either of the parties became ill or incapacitated, or the division of their joint property in the event of death. The contract may also provide for one party to purchase life insurance for the benefit of the other. Either of the parties may also include the other under his or her will.
The information provided here is given as a general outline on the legal topic selected and should not be construed as legal advice which can only be given by an attorney. If you need an attorney and do not know of one in your area, you can contact the Massachusetts Bar Association's Lawyer Referral Service at (617) 654-0400 in Boston or 1-800-392-6164 from outside the city. For TDD service for the deaf you can call (617) 338-0585.
Masslawhelp is a public service of the Massachusetts Bar Association.Posted on Apr 28, 2000 |
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