1. Living Will—A living will allows you to set out what life-prolonging treatments will be withheld or provided in the event that you cannot communicate these wishes. Once a doctor receives a properly signed and witnessed living will he or she must honor its instructions or transfer you to the care of another doctor who will.

2. Durable Power of Attorney—A Durable Power of Attorney for Healthcare gives another person the authority to make healthcare decisions for you in the event you cannot communicate your wishes. It is common to name the person you live with as the one who will make these decisions. 

3. Short Form Property Agreements–These two contracts, although brief are legally enforceable. One of them keeps property separate and the other shares most of the property after living together. 

4. Joint Ownership Agreement–Although you and the person you live with may want to keep things separate at first, you may later decide to purchase an item jointly. You will want a document showing you both own the property together. 

5. Homemaker Services Agreement–While living together, if one of you is responsible for housework and childcare you may want a contract that would provide fair compensation for these responsibilities. 

6. Dividing Expenses Based on Income—When it comes to paying the bills you and the person you’re living with may want to divide the costs. If one of you makes more money than the other an unequal payment agreement may be in order. If you make 30% more than your partner you may pay 30% more of the bills. 

7. Starving Artist Agreement–In the event that one or both of you are artist an agreement may be made where you take turns supporting each other. This allows one of you to pursue their artistic talent full-time. 

8. Agreement for People in School—In your relationship, if one of you is going through school while the other is paying the tuition it is wise to make an agreement ensuring the fair compensation of the person paying the tuition. 

9. Sharing Rent–Pay attention to the fine print. Many rental or lease agreements are highly restrictive or downright illegal. Particularly look for language prohibiting “immoral behavior”. If living together is illegal where you live, this language could possibly be used to evict you. 

10. If you are living in rented or leased property only the person signing the rent or lease has a right to live in the property. If that person leaves, dies, etc. the other person has no rights to remain in the property. This can be changed, however, by signing a new lease, making and oral agreement with the landlord, or by paying the rent owed to the landlord on a regular basis. 

11. Buying Realty–Even if you hate contracts, when buying a house it’s foolish not to have one. Contracts can be made for nearly any joint ownership, be it equal or unequal ownership. 

12. If an unmarried couple has a child they should have the father sign a paper stating he’s the father as quickly as possible. This reduces the likelihood of a later court battle over paternity and also ensures that the child is eligible for ll the benefits (health, survivor’s, disability, and life insurance) he or she is entitled to. 

13. Separation Agreements—If an unmarried couple with a child decides to separate they can make their on child support, custody and visitation arrangements. This requires both parents to put their own desires aside in the best interest of the child. No agreement is permanent so approach it with a spirit of flexibility. 

14. Death and Property—Many unmarried couples who live together do not have wills prepared to divide up their property. If a will is not prepared one’s property may be distributed amongst the deceased’s blood relatives with their partner receiving nothing. A contract or will should be prepared regarding the distribution of property. 

15. Wills—A will is a document in which you leave your property to anyone you choose. Wills are easy to change. 

16. Codicil—This is used to make minor changes to your will after it has been signed. It comes at the end of the will and should be signed and witnessed in the same manner as the will. 

You can inadvertently end up married to someone by living with them in the State of Alabama.  That is called common law marriage.

There are several requirements for the formation of a common law marriage in Alabama. The first is the express mutual consent and intent to be married. In addition, parties must hold themselves out to the world as being married or "must openly and professedly live as husband and wife". While the intention of the parties may certainly be proven by their words to others, the incidence of "swearing contests" between parties who dispute whether or not there was an intent to be married have induced the courts to rely on parties actions and conduct to determine their intentions in resolving this issue. Courts may ask if there was a joint bank account? If such an account was held in the name of "Mr. & Mrs."? If the parties jointly execute a lease as "Mr. & Mrs."? Determining whether the parties intended a common law marriage involves examining documents such as these to determine the actual legal intent of the parties. There is no specific length of time recognized generally as a requirement for the formation of the common law marriage, but the parties must actually live together for some period of time while they are "holding out" as husband and wife.

Even states that do not recognize common law marriages will usually recognize one that was formed in a state which does recognize common law marriages. This means that if you live with someone and hold yourselves out as a married couple in Alabama, separate and move to another state that does not recognize common law marriages, you are most likely still going to be considered married to your common-law spouse. In addition, most states will recognize a common law marriage if the parties at some time during their period of living together resided in a state that allows the formation of common law marriages. Even if the parties begin living together in a state that does not allow the formation of common law marriages, they can inadvertently form a common law marriage, so long as the requisite "holding out," intent and cohabitation are present, if they move to a state that allows common law marriages. On the other hand, a temporary visit to a state that allows the formation of a common law marriage, so long as the parties are domiciled in another state which does not recognize them, usually will not result in a valid common law marriage.

Because a common-law marriage is not formally recorded, the couple, if challenged, may have to prove the existence of their marriage contract. They may have to prove that they live together as man and wife and present themselves to the public as a married couple. Where recognized, a common-law marriage is as valid as a typical marriage. Ascertain if the state/country you are living in recognizes common law marriages.

There are four requirements for a valid common law marriage. Just living together isn't enough to validate a common law marriage:

1. You must live together.

2. You must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.

3. Although not defined, you have to be together for a significant period of time.

4. You must intend to be married.

5. You must consummate the marital relationship.

In the United States, every state is Constitutionally required and obliged to recognize as valid a common-law marriage that was recognized in another state. However, recent DOMA (Defense of Marriage Act) statutes have legally changed the nature of marriage in America, and may prevent common-law marriage recognition in other states. It is fair to say that in defending marriage, these statutes have made it less likely that a couple that lives together will find recognition of their common-law marriages in neighboring states. In today's age, the definition of marriage is subject to considerable debate and uncertainty based on the new DOMA statutes.

It is easy to see why if you are living together as a man and woman in Alabama, you would want to execute certain documents to protect your interests.  If you intend to remain single but cohabitate, a proper living together agreement can protect your property, visitation with children, and even your right to marry in the future.

We can help couples execute these agreements in a manner that can offer protections otherwise not available to cohabitating Alabama couples.

The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct: No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers.