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Gay Joint
Purchase and Savings Agreements
It
is likely that the two of you will purchase a major item together,
such as real estate, an automobile, a computer, or furniture. In
this situation, you may want an agreement that specifically addresses
the terms of your purchase (called a joint purchase agreement).
A joint
purchase agreement should set out who owns the item, how recurring
payments (if any) should be made and divided, and what should happen
to the item if you divorce, or one partner dies. These agreements
are especially important where you and your partner wish to own
an item together but one of you makes the actual purchase (for instance,
when paying with a credit card). There will be only one name on
the contract with the merchant, but you and your partner will have
an agreement stating the two of you own the item together.
A joint
purchase agreement can be beneficial if you and your partner plan
to purchase and own real estate together. This type of agreement
is helpful because it sets out each partner's rights and responsibilities
as to certain aspects of the property, including what types of payments
are to be made as well as what portion of the payment should be
made by each partner. By creating a joint purchase agreement, you
and your partner can become cognizant of each other's financial
expectations (for example, if one partner earns less income than
the other, one partner may pay a smaller percentage of the payments
on property), and you can include provisions for changed circumstances,
such as a new job or change in employment status. Should there come
a time where you stop living with one another, an agreement about
how mortgage payments and taxes are to be divided while you are
both married, as well as how your property is to be treated in case
of divorce, is important. Since decisions regarding real estate
often have tax consequences attached to them, it may be best for
you and your partner to ask an attorney for assistance in drafting
agreements for the joint purchase of real estate.
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