[WSBAPT] Co-Habitation Agreement

[Philip N. Jones]

I would say yes to questions two through five. To make sure that it is enforceable, I would take all of those precautions. And mentioning it in her will will serve as a useful alert to anyone who might be engaged in probating her well.
Phil Jones

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Emily Wilson <Emily at Spokanewtp.com>
Sent: Tuesday, August 8, 2023 11:55:23 AM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Co-Habitation Agreement


Listmates,



I am drafting a co-habitation agreement for an estate planning client. She is in her early 30’s and has lived with her boyfriend for the last 8.5 years in a home which she owns.  Client and boyfriend have no plans to be married and client reports that boyfriend is amenable to the agreement. To paraphrase her intent, they do not want the court to find a committed intimate relationship when they do not define themselves as such. My client has some assets, mainly her house and retirement accounts, but she is not a high-net worth individual. I do not know boyfriend’s financial situation, but he will be selling his personal residence and they intend to use the proceeds to jointly invest in real estate.



Here are my questions:



  1.  Would anyone be willing to share their co-habitation agreement template?
  2.  In Connell v. Francisco, they discuss a for determining whether there is a committed intimate relationship. Two factors are purpose and intent. Since my client and her boyfriend have been co-habitating, should the agreement contain a provision where they state that they have not co-habitated with the purpose and intent of being in a committed intimate relationship?
  3.  Does boyfriend need separate counsel?
  4.  Does the client have to provide full disclosure of her assets?
  5.  I am also doing an estate plan for my client. Do I mention the co-habitation agreement in her will?



Thank you for your insights.





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Emily Wilson І Attorney

Spokane Wills, Trusts, and Probate

 Email: Emily at SpokaneWTP.com<mailto:Emily at SpokaneWTP.com>

Phone: 509-324-2431

http://www.SpokaneWTP.com<http://www.spokanewtp.com/>




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