Key Takeaways
- Decide whose name goes on the lease or deed, and understand what that means if you break up or one of you dies.
- Agree on how you’ll split rent, bills and shared purchases, and whether to open a joint account.
- Check your renters or homeowners insurance; a partner usually isn’t covered unless they’re named on the policy.
- A cohabitation agreement sets out who owns what and what happens if you separate.
- Sign a HIPAA release and health care power of attorney for each other; unmarried partners don’t get these rights automatically.
The home itself
- Renting: Are both of you on the lease? If only one is, the other may have no legal right to stay if things end, and the leaseholder carries all the responsibility.
- Buying: How will you hold title? Joint tenancy with right of survivorship passes the home to the survivor automatically; tenancy in common lets each partner leave their share to someone else. Each has trade-offs.
- One partner’s existing home: Will the other contribute to the mortgage? If so, does that create any ownership interest? Put the answer in writing.
Money
- How you’ll split rent, utilities and groceries
- Whether to open a joint account for shared expenses, while keeping separate accounts
- How you’ll handle big purchases and who owns them
- Existing debts, which stay with the person who owes them unless you co-sign
Insurance
- Renters or homeowners insurance: many policies only cover the named policyholder and relatives. Add your partner or get separate coverage.
- Health insurance: some employers offer domestic partner coverage; check the rules.
- Auto insurance: check whether you need to list a partner who drives your car regularly.
The legal documents
| Document | What it does | Why it matters for unmarried couples |
|---|---|---|
| Cohabitation agreement | Sets out property, finances and what happens if you split | No divorce law to divide things fairly |
| HIPAA release | Lets doctors share health information with your partner | Partners may otherwise be refused updates |
| Health care power of attorney | Lets your partner make medical decisions if you can’t | Partners often aren’t next of kin |
| Financial power of attorney | Lets your partner handle bills and accounts | No automatic authority |
| Will and beneficiary designations | Leaves property and accounts to your partner | Unmarried partners inherit nothing without them |
Learn more in our guides to cohabitation agreements, medical decisions for unmarried partners and estate planning for unmarried couples.
Pets, too
If you’re bringing pets together, or adopting one, agree on who keeps them if you separate, and put it in your cohabitation agreement.
Frequently asked questions
Usually yes. Being on the lease gives both partners the right to live there and shares the legal responsibility for rent.
It’s wise if you share a home, make large purchases together, or one of you has significantly more assets or debt. It’s much easier to agree on terms while things are good.
Often not, unless your partner is named on the policy. Check with your insurer and add them, or have them get their own policy.
Not automatically in most states. You’ll need a health care power of attorney naming your partner, plus a HIPAA release.
It depends on how the title is held and whether there’s a will. Joint tenancy with right of survivorship passes the home to the survivor; otherwise the deceased partner’s share passes under their will or state law, which usually excludes unmarried partners.
Keep reading
- Life Events That Should Trigger a Legal CheckupA new baby, moving in together, divorce, remarriage, deployment or studying abroad all change which legal documents you need. Here's what to update and when.
- New Baby Legal Checklist: Documents to Handle Before and After BirthBeyond the crib and car seat: the legal and financial to-dos for new parents, from birth certificates and insurance deadlines to naming a guardian.
- Estate Planning After Divorce: What to UpdateAfter a divorce, update your will, beneficiaries, powers of attorney and health care documents. Learn what changes automatically, what doesn't, and the timing traps.
- Estate Planning for Blended FamiliesIn blended families, a simple will can accidentally disinherit your children or leave your spouse with too little. Learn the common pitfalls and tools that protect everyone.
- Military Family Care Plan: Legal Documents Before DeploymentSingle service members, dual-military couples and others with dependents need a family care plan. Here's what it covers and the legal documents to sign before deploying.
- Study Abroad Document Checklist for Students and ParentsPassport, visa, insurance and the legal documents that let parents help from home: a study abroad checklist covering powers of attorney, HIPAA, FERPA and more.
Make sure your partner can be there for you
Give each other access to medical information and put your partnership in writing with HIPAA, medical authorization and a domestic partnership agreement. The No Brainer Box adds powers of attorney and a living will.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.