Cohabitation agreements (also known as nonmarital agreements) are similar to prenuptial agreements for couples who are planning to marry—but cohabitation agreements are for people who are living together and having a sexual relationship without being married. These agreements address issues that may arise during the relationship (payment of rent and other expenses, household chores)—and issues that may arise if the cohabitation relationship ends (ownership and division of home or other property, support).
In Mississippi, cohabitation agreements, while not specifically addressed by statute, are generally recognized and enforceable if they meet the requirements of a valid contract. These agreements allow unmarried couples who live together to define their rights and responsibilities regarding financial matters, property division, and other practical concerns. To be enforceable, the agreement must be in writing, entered into voluntarily by both parties, and each party must have had the opportunity to consult with an attorney. The agreement should also be fair and not result from fraud, duress, or undue influence. It's important to note that Mississippi does not recognize common law marriage, so cohabitation without a formal agreement does not confer legal rights typically associated with marriage. Additionally, any provisions related to child support or custody in a cohabitation agreement would likely be subject to review by a court to ensure they are in the best interests of the child.