Me and my fiance are going to be moving in together. She is 21 and i am 20. So both legal age. She gets SSI, however her mother wants a in depth paper of how everything will be done like who pays which bills and such. I believe as much as you probley do that it should be between me and her. However i am thinking of writing one up for just the less headache. So my question is if i do write up a statement can i be "sued" for not following it? Or have any legal precautions if me and my fiance mutually agree on something that's not following that statement?
It sounds like your fiance's mother is simply looking for you and your fiance to seriously consider at how your joint expenses will be paid. She seems concerned about the both of you. That is nice to have someone so interested. In a word, she is looking for you both to become financially responsible as you embark upon your new life. You should not hesitate to write up a budget and statement of intentions, leaving yourself flexible enough in case of need (".... this is what we intend to do unless.... in which case we will jointly decide what to do...").
That said, could the joint signed document be construed as a contract that would be enforceable? That would be a stretch, but conceivable. Therefore, as long as you both agree in writing that it is just your present intention and add words like subject to further thought and discussion, you should be fine.
Best of luck on your life together.
Part of it is good planning and budgeting which is what adults try to do.
If each of you will rely on the undertakings of the other, depending on how the document is written it could be a contract or it could be a non-binding letter of intent, for example.
What you are describing is a combination cohabitation agreement and prenup. Both are wise, and would likely be binding.
Just know mom in law will be an issue.... and not just in the short term.
It's always a good idea to try to figure out your finances before getting married but, whatever you and your fiance decide to do, your future mother-in-law will have no legal right to enforce that agreement absent specific language giving her that right. Even so, any rights afforded her would have to be supported by some consideration. In other words, she would have to have some interest in the agreement other than her concern that you two become organized.
As such, I see no problem with drawing up something akin to a financial understanding. To be safe, however, you should, as the other attorneys mentioned, include some language that the "agreement" is not binding, and is freely modifiable as your financial situation changes.
Many attorneys write what are called 'co-habitation agreements.' This deals with the issues you mention. It is not a pre-nup. it is not made on contemplation of marriage; it is made when moving in together.
Normal contract remedies apply if there is a breach.
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You may be able to calm down your fiance's mother by simply creating a budget and where the funds will come from. Be clear that it is not a contract and you do not need to sign it. If it were me, I would show her the budget and not give her a copy.
