Unmarried couples lack many of the benefits and protections extended to married couples, according to FindLaw, including hospital visitation rights. But that doesn't mean domestic partnership doesn't allow contracts, wills, powers of attorney or other legal mechanisms for the benefit of a couple's relationship.
According to the Census Bureau, there were 4.9 million unmarried couples as of 2005, including many same-sex couples who in most states are prohibited by law from marrying.
First, it's important to point out that marriage is a legal contract, as explained by FindLaw, even if the specific terms of the contract are not explicitly stated. A "nonmarital agreement", which FindLaw calls a "living together" contract, may be drafted by cohabitating adults in order to determine how property is shared, what happens if one individual dies, and so on.
A 1976 California Supreme Court decision, Marvin v. Marvin, has been widely cited by other states with regard to the contractual rights of unmarried couples, according to FindLaw:
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Written contracts by unmarried couples are valid.
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Oral contracts by unmarried couples are valid.
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In the absence of a written contract, the court may determine whether or not an "implied" contract exists with respect to an unmarried couple.
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In the absence of an implied contract, the judge may determine whether or not "the parties intend to deal fairly with each other," potentially finding that one partner is indebted to the other.
But be sure to contact an Illinois family lawyer for state-specific guidance. For more general information, please visit our Related Resources.
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Illinois-Specific Cohabitation Documents for Purchase (U.S. Legal Forms, via FindLaw)
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Validity of Living Together Contracts (FindLaw)
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Sample Cohabitation Agreement (PDF, FindLaw)
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