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 New Mexico, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements are designed for couples who live together without being married and want to outline the financial and property arrangements during and after their relationship. Such agreements can include terms for the payment of expenses, division of household chores, and the division and ownership of property if the relationship ends. While New Mexico law does not specifically address cohabitation agreements, these contracts are generally upheld if they are in writing, entered into voluntarily by both parties, and each party has a fair and reasonable disclosure of the other's financial situation. It is advisable for each party to seek independent legal advice from an attorney to ensure that the agreement is enforceable and to protect their rights.