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 Utah, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements allow couples who live together without being married to outline their financial arrangements, property division, and other responsibilities during and potentially after their relationship. While Utah does not have a specific statute that governs cohabitation agreements, these contracts are generally upheld if they meet the same basic legal requirements as other contracts: they must be entered into by adults with the legal capacity to contract, must be based on consideration, and cannot be unconscionable or against public policy. It is advisable for individuals entering into a cohabitation agreement to have their agreement reviewed by an attorney to ensure that it is legally sound and that their rights and interests are adequately protected.