The short answer: A cohabitation agreement is a written contract between unmarried partners that spells out how you’ll handle property, finances, and shared belongings while you live together and if the relationship ends. South Carolina no longer recognizes new common-law marriages; simply living together gives you few legal protections automatically. A well-drafted agreement is how unmarried couples in Greenville create those protections for themselves.
Moving in together is an exciting step, and thinking about what happens if things don’t work out can feel uncomfortable. We understand. But planning ahead isn’t a sign that you expect the relationship to fail. It’s a way to protect each other and avoid painful, costly disputes later. Here’s what unmarried couples in South Carolina should know.
In this article, our Greenville family lawyers discuss:
– What a cohabitation agreement is.
– Why unmarried couples in South Carolina may need one.
– How these agreements protect partners.
– How they differ from a prenup or postnup.
– Whether cohabitation agreements are legally enforceable.
What is a cohabitation agreement?
A cohabitation agreement is a written contract between unmarried partners that outlines how they’ll manage finances and property, both during the relationship and if it ends or one partner passes away. Think of it as a roadmap you create together, on your own terms, before any disagreement arises.
You can include almost anything financial, as long as it’s legal and fair. Couples often use one to clarify who owns the home, how bills are split, and what happens to shared belongings if they separate.
Why do unmarried couples in South Carolina need one?
Unmarried couples need a cohabitation agreement because South Carolina no longer gives long-term partners the automatic protections that married spouses receive. In the 2019 case Stone v. Thompson, the South Carolina Supreme Court held that its ruling would apply “purely prospectively, ” meaning no individual may enter into a common-law marriage in South Carolina after the date of the opinion. As a result, common-law marriage now applies in South Carolina only if it was created before July 24, 2019.
In plain terms, you can live together for years, share a home, and combine finances, yet still have no automatic claim to property titled in your partner’s name if you split up. Unmarried couples living together don’t enjoy the same automatic property rights as married couples. A cohabitation agreement fills that gap.
How do cohabitation agreements protect partners?
Cohabitation agreements protect partners by turning private understandings into clear, agreed-upon terms. Because unmarried couples don’t receive the property rights marriage provides, spelling things out in advance prevents confusion and conflict later on.
A thoughtful agreement can address:
– Who owns the home, and what happens to it if you separate.
– How you’ll divide shared property and belongings.
– Responsibility for rent, the mortgage, bills, and joint debts.
– What each partner keeps as separate property.
One limit matters. A cohabitation agreement cannot waive or limit child support; parties can agree on certain guidelines, but a court won’t approve any agreement to waive support. Child support always follows the child’s best interests.
If you and your partner are ready to plan ahead, our Greenville team can help. Call 864-778-2734 to schedule a consultation.
How is a cohabitation agreement different from a prenup or postnup?
The key difference is that a cohabitation agreement is for couples who aren’t married, while prenuptial and postnuptial agreements are for couples who are marrying or already married. The purpose of a prenuptial agreement, or prenup, is to decide what happens if a married couple divorces.
There’s a practical wrinkle, too. If you already have a cohabitation agreement when you marry your partner, it won’t remain in effect after the marriage. Many couples in that spot put a prenuptial agreement in place before the wedding. Our team at Turner Family Law can help you decide which document is best for your situation.
Are cohabitation agreements legally enforceable in South Carolina?
Cohabitation agreements are generally enforceable in South Carolina when they meet the same requirements as any other valid contract, and both parties must agree to the terms voluntarily. The agreement also cannot rest on an illegal purpose. If it includes any exchange of companionship in return for paying bills or rent, the contract is probably unenforceable.
Courts are more likely to enforce an agreement that is fair and properly prepared. The agreement must be a written contract rather than an implied one, both parties must sign it without coercion, and it cannot include any illegal provisions. South Carolina’s Statute of Frauds reinforces this because contracts concerning any interest in land must be in writing and signed by the party to be charged. No lawyer can promise how a court will rule, but a carefully drafted agreement, with each partner receiving independent legal advice, stands the best chance of holding up.
Frequently asked questions about cohabitation agreements
Do my partner and I each need our own lawyer?
It’s a good idea. When each partner has independent legal advice, it’s harder to claim later that the agreement was signed under pressure or without understanding it. That independence strengthens the agreement.
Can a cohabitation agreement cover our children?
While it can address many financial matters, it cannot limit or waive child support or dictate custody. Those obligations follow state laws to protect the child’s best interests.
What does it cost to set up a cohabitation agreement?
Costs vary with the complexity of your finances, but drafting an agreement is usually far less expensive and less stressful than sorting out a dispute after a breakup. We’ll walk through your options during a consultation.
Talk with our Greenville team
You’ve built a life together, and protecting it is worth a conversation. Our team at Turner Family Law practices exclusively in family law and can draft a cohabitation agreement tailored to you and your partner, whether you’re just moving in or have shared a home for years. From our Greenville office at 12 E Stone Ave, we help couples across Upstate South Carolina plan with confidence.
Protect what matters most. Call 864-778-2734 to schedule a consultation.
