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AI Cohabitation Agreement Review

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A cohabitation agreement (Marvin agreement) defines property and support rights between unmarried partners living together. Justee reviews cohabitation agreements against the Marvin v. Marvin doctrine, state-specific common-law marriage rules, and standard partnership-equity precedents to flag enforceability and unintended-marriage risks.

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Key Takeaways

Marvin v. Marvin, 18 Cal. 3d 660 (1976), recognizes express and implied contracts between unmarried partners

A handful of states still recognize common-law marriage (CO, IA, KS, MT, NH, OK, RI, SC, TX, UT, DC) — cohabitation can trigger marriage status

Inheritance and tax planning differ dramatically for unmarried vs. married partners — the agreement is one piece of the picture

1-2 minutes*

Average Review Time

140+ compliance points analyzed*

Compliance Checks

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* Estimates based on typical documents. Actual results vary by document type and complexity.

Cohabitation agreements (sometimes called "Marvin agreements" after the seminal Marvin v. Marvin, 18 Cal. 3d 660 (1976)) define property, support, and other rights for unmarried partners. Marvin recognized that unmarried partners can contract for property and support — express, implied-in-fact, or quantum meruit — overruling earlier doctrines that void such contracts as based on "meretricious consideration." Eleven jurisdictions still recognize common-law marriage (CO, IA, KS, MT, NH for inheritance only, OK, RI, SC, TX, UT, DC), meaning cohabitation plus holding-out plus intent can create a marriage with full divorce, inheritance, and tax consequences. Other states (e.g., Pennsylvania pre-2005) recognize common-law marriages established before specific dates. Cohabitation agreements should clearly disclaim any intent to enter common-law marriage in those states. Tax considerations differ significantly: unmarried partners cannot file joint returns, claim spousal deduction, or use unlimited gift/estate transfer (IRC §2523). Inheritance rights are not automatic and must be established by will or beneficiary designations. Justee analyzes cohabitation agreements against Marvin doctrine, common-law marriage rules, and standard property-division precedents.

How It Works

1

Upload Your Document

Upload your contract in PDF, DOCX, or TXT format

2

AI Analysis

Our AI reviews your document for compliance issues

3

Review Findings

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What We Check

Verifies Marvin contract requirements (express terms, consideration)

Tests common-law marriage disclaimer adequacy

Reviews property division and titling

Validates support obligations and termination triggers

Flags estate-planning and tax coordination

Common Risks We Identify

Common-law marriage triggered unintentionally

Property held in one name without contract — Marvin claim failure

Support without termination triggers — perpetual obligation

No coordination with wills or beneficiary designations

Tax filings inconsistent with cohabitation status

Hypothetical Case Study by Justee

Justee recently analyzed a 1-page "letter of understanding" stating "we will share property" for a Texas couple living together for 9 years, owning a Houston home in one partner's name.

Issue Found: Texas recognizes common-law marriage under Family Code §2.401. The couple's 9-year cohabitation with shared finances, joint social media, and a "we are husband and wife" Christmas card created a substantial common-law marriage claim. The 1-page letter was insufficient to displace common-law marriage status — and the Houston home, titled to one partner, would likely be considered community property as a result. The couple wanted to remain unmarried for retirement and tax-planning reasons.

Justee Recommendation: We drafted a comprehensive cohabitation agreement: (i) explicit recital that no party intends common-law marriage and parties have not held themselves out as married, (ii) annual signed reaffirmation of the recital (defeats the holding-out element), (iii) explicit property division with the Houston home as separate property of the title-holder, (iv) joint-tenant titling for the new vacation home with right-of-survivorship, and (v) coordinated wills and beneficiary designations.

Vague Property Sharing Statement

Problematic Language

"We will share property and support each other."

Recommended Language

"The Parties expressly disclaim any intent to enter into common-law marriage in any jurisdiction. Each Party shall retain as separate property all property owned at the start of cohabitation (set forth on Exhibit A) and all property acquired solely with such Party's funds during cohabitation. Property acquired with joint funds and titled jointly shall be treated as joint property in proportions corresponding to contribution unless otherwise specified on Exhibit B. Neither Party shall have any obligation to provide support to the other after termination of cohabitation, except as set forth in Section [X] (relating to a 12-month transition payment from Party A to Party B if cohabitation ends after 5+ years). The Parties agree to reaffirm this Agreement annually by signed addendum."

Why it matters: The amended language defeats common-law marriage, classifies property by source, and limits support — three structural elements vague language can't accomplish.

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"Justee is redefining the legal document compliance process across all practice areas, transforming hours of work into minutes, while reducing stress and boosting accuracy."

Artem Dolukhanyan
Artem Dolukhanyan

Partner, Corporate Transactions at Grayver Law Group

AI Review vs. Manual Review

FeatureJustee AI ReviewManual Review
Review Time2-5 minutes2-4 hours
CostFree trial available$150-500+
Legal CitationsAutomaticVaries by reviewer
Clause SuggestionsIncludedExtra fee
Availability24/7 instantBusiness hours
* Comparison data represents estimates based on industry research and internal testing for typical contract types. Review times, costs, and accuracy percentages vary by document complexity, length, jurisdiction, and specific legal requirements. See full disclaimer below.

Official Resources

Cornell LII Marvin Doctrine

Cornell cohabitation overview

TX Family Code §2.401

Texas common-law marriage statute

IRS Filing Status Rules

IRS filing status interactive tool

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Prenuptial Agreement ReviewLast Will & Testament ReviewFamily Law Motion ReviewSchool Petition Review
Important Legal Disclaimer

Not Legal Advice: The information and analysis provided by Justee AI is for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and helpful information, our AI-powered service is not a substitute for professional legal counsel.

No Attorney-Client Relationship: Use of Justee AI does not create an attorney-client relationship. Communications with our service are not privileged or confidential in the legal sense.

Consult a Professional: For specific legal matters, we strongly recommend consulting with a qualified attorney licensed in your jurisdiction. Legal requirements vary by location and circumstances, and only a licensed attorney can provide advice tailored to your specific situation.

Performance Estimates (*): All statistics, metrics, and numerical claims on this page — including review times, cost comparisons, accuracy percentages, and database size — are estimates based on internal testing, industry research, and typical use cases. Actual results vary based on document type, complexity, length, jurisdiction, and other factors. Cost comparisons reference publicly available average attorney rates and are not guaranteed savings. "1M+ laws and regulations" refers to the breadth of Justee's reference database and does not imply that every provision is checked against every law for every document.

By using our service, you acknowledge that you have read and agree to our Terms of Use and understand the limitations of AI-powered legal analysis. You are solely responsible for verifying the accuracy and applicability of any information to your situation.

Cohabitation Agreement Review FAQ

Possibly — depends on state and conduct. 11 jurisdictions recognize CLM. Justee identifies your state's rules.

Yes under Marvin and most state law. Justee verifies contract structure.

Yes — cohabitation agreements do not provide inheritance rights. Justee flags estate-planning gaps.

Generally yes for cohabitation. Justee reviews termination provisions.

No. State-specific family law applies. Justee accelerates the diligence pass.

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Last updated: May 13, 2026

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