More unmarried couples than ever are buying homes, raising children, and building lives together. But in Maryland, unmarried partners do not have the same legal protections as married spouses, and many couples don’t realize the risks until it’s too late.
Here’s what you need to know about cohabitation agreements for unmarried couples in Maryland, including property rights, financial protection, and planning for the future.
1. Maryland Treats Unmarried Couples as Legal Strangers
Even if you share a home, finances, and children, Maryland law views unmarried partners as separate individuals unless you create legally binding agreements.
This affects:
- Property ownership
- Financial rights
- Asset division
- Inheritance
- Medical decision-making
- What happens if you separate
Without legal documents, you may have no claim to property you helped pay for.
2. Property Ownership for Unmarried Couples
When buying a home together in Maryland, unmarried partners typically choose between:
Joint Tenants with Right of Survivorship
Both own 100%, and if one dies, the other automatically inherits.
Tenants in Common
Each owns a percentage (not necessarily equal).
If one dies, their share goes to their heirs—not automatically to the partner.
What Happens After a Breakup?
Without a written agreement, disputes often arise over:
- Equity
- Who moves out
- Who pays the mortgage
- Who gets the home
These issues can become expensive and emotionally overwhelming.
3. Why Cohabitation Agreements Are Critical in Maryland
A cohabitation agreement protects both partners by clearly defining expectations.
It can include:
✔️ Ownership interests
✔️ How expenses are shared
✔️ What happens to the home if you break up
✔️ Personal property division
✔️ Debt responsibility
✔️ Buyout terms
✔️ Pet custody
✔️ Inheritance intentions
Think of it as a “prenup for unmarried couples.”
Without this agreement, Maryland courts may default to property laws that do not recognize your relationship.
4. Should Unmarried Couples Consider a Prenup?
If you plan to get married, a prenuptial agreement can protect:
- Property you bring into the marriage
- Savings and retirement accounts
- Family inheritances
- Children from previous relationships
- Business interests
Couples transitioning from cohabitation to marriage often pair both documents.
5. Domestic Partnerships in Maryland
Maryland recognizes domestic partnerships in certain circumstances, but benefits are not the same as marriage.
A domestic partnership may help with:
- Hospital visitation
- Medical decision-making
- Certain benefits through employers
However, it does NOT grant property division rights after separation like divorce does.
Couples often still need a cohabitation agreement for protection.
Final Thoughts
Unmarried couples in Maryland deserve clarity, protection, and peace of mind.
With the right legal planning, you can avoid uncertainty and safeguard your financial future, together or apart.
Ready to protect your relationship legally?
➡️ Visit our StanStore to download our resources: https://stan.store/JacobsonFamilyLaw
➡️ Learn more about custody for unmarried parents on our website: https://jacobsonfamilylaw.com/
At Jacobson Family Law, we help Maryland couples protect their families with proactive planning, not conflict.
