Domestic Partnership and Cohabitation Agreements in Utah

Legal protections for unmarried couples in Utah — without the formality of marriage.

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Unmarried couples who live together or share finances can face significant legal vulnerabilities when a relationship ends or a partner becomes incapacitated. Utah does not recognize common-law marriage (with limited exceptions), meaning cohabiting partners have no automatic property or inheritance rights. A well-drafted cohabitation agreement, domestic partnership agreement, or estate planning documents can provide the legal protections you need.

Cohabitation Agreements

A cohabitation agreement establishes how property will be owned and divided, how financial responsibilities will be shared, and what happens if the relationship ends. These agreements are especially important when one partner owns real property, when one partner is financially supporting the other, or when one partner has significantly more assets than the other.

Estate Planning for Unmarried Couples

Without a will, healthcare directive, and power of attorney, an unmarried partner has no legal right to make decisions for an incapacitated partner, no right to inherit, and no right to be notified in a medical emergency. We help unmarried couples create comprehensive estate plans that ensure each partner is legally protected and their wishes are honored.

Frequently Asked Questions

Does Utah recognize common-law marriage?

Utah abolished common-law marriage for most purposes. In limited circumstances, Utah courts can recognize a relationship as a marriage-equivalent, but this requires meeting specific legal criteria. Do not rely on common-law protections — formal agreements are the reliable path.

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