When couples, whether they be gay or lesbian share a residence, their rights as to each other should be clarified with an equity-sharing agreement and/or a cohabitation agreement.  For instance, an equity sharing agreement can address issues relating to joint home ownership, including the down-payment, mortgage payments, taxes, insurance, utilities, maintenance, improvements, death of one of the parties, etc.  A cohabitation agreement can address issues arising out of partners living together including palimony, assets, liabilities, and the acquisition of joint personal property.  When you enter into a domestic union, you should consult with an attorney to ensure that your rights are protected in case the union should ever fail.  Click here to find out how to receive a FREE consultation

If you have a domestic partner and fail to formalize your relationship, you run the risk of not being able to enforce your rights as to your partner if the relationship should fail.  For instance, in Soderholm v. Krosty, 676 N.Y.S. 2d 850 (Justice Court, 1998), a person sued his domestic partner for restitution of amounts he paid during the cohabitation.  However, he never entered into a written agreement with his domestic partner.  While the Court found that the domestic partner could be liable for rent payments, the Court refused to recognize any other judicially enforceable claim for restitution for goods, services and/or financial advances without the existence of a written cohabitation agreement.

Of course, the law in each state is constantly changing as to the domestic rights of gay and lesbian partners.  For instance, the New Jersey legislature recently passed the Domestic Partnership Act, which provides certain benefits that were previously only available to married heterosexuals.  The rights include hospital visitation rights, the right to make medical or legal decisions for an incapacitated partner, certain tax-related benefits, and certain health and pension benefits.  However, to ensure a domestic couple qualifies for such rights, an Affidavit of Domestic Partnership must be filed.  Such couples should seek out legal advice to perfect their rights under this new law.  Click here to find out how to receive a FREE newsletter and consultation.