In the context of property rights for cohabitants, what should agreements be based on?

Cohabitants often navigate complex issues related to property rights, especially when it comes to dividing assets. Agreements between cohabitants can significantly affect how property is handled, and this is where the distinction between implied and express agreements becomes crucial.

When agreements are based on implied or express agreements, it acknowledges the different ways in which parties can communicate their intentions regarding property. An express agreement is a clearly articulated arrangement, often written, that specifies each party's rights and ownership interests in the property. On the other hand, an implied agreement arises from the behavior and interactions between the parties, which might suggest a mutual understanding regarding property ownership without being formally stated.

This flexibility allows cohabitants to establish property rights that reflect their actual living situations and contributions, which often cannot be captured by rigid legal documentation alone. Cohabitation often lacks the formal structure of marriage, making the acknowledgment of both types of agreements essential for ensuring fair property distribution.

In contrast, relying solely on legal documentation would ignore the nuances of personal relationships and the factors that may shape an agreement's existence without written contracts. Verbal commitments might lack the specificity and evidence necessary in disputes. Saying nothing specific is required dismisses the reality that some form of agreement—either implicit or explicit—is