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Cohabitation Agreement Template

Image 1

​[Cohabitant2.FirstName][Cohabitant2.LastName]​

Prepared for:

​[Cohabitant1.FirstName][Cohabitant1.LastName]​

Cohabitation agreements provide legal protections for individuals in a relationship who wish to live together. These agreements can protect the individual interests of each party, clarify financial responsibilities, and prevent potential disputes down the road. This template can be customized for your purposes to meet your individual needs.

This Agreement is made between [Cohabitant1.FirstName][Cohabitant1.LastName], "First Party" and [Cohabitant2.FirstName][Cohabitant2.LastName], "Second Party," hereinafter jointly referred to as the "Cohabitants."

The Cohabitants live together at [Cohabitant1.StreetAddress], [Cohabitant1.City], [Cohabitant1.State], [Cohabitant1.PostalCode] and have done so since (date). The Cohabitants intend to continue this "Joint Residency" arrangement.

Through means of this Agreement, the Cohabitants wish to establish their respective rights and responsibilities regarding each other's income and property and the property and income that may be acquired, either together or separately, during the period of cohabitation.

The Cohabitants hereby agree:

1. Marital Status.

The Joint Residency of the Cohabitants shall in no way render the Cohabitants married in any legal capacity.

2. Disclosure of Financial Status.

The Cohabitants have completely disclosed to each other all of their financial assets and liabilities to the best of their knowledge. Each Party has completed a balance sheet including all current assets and liabilities to this Agreement.

3. Division of Living Expenses.

The Cohabitants agree to divide the following household expenses: (describe what expenses will be split, e.g., rent, mortgage, utilities, property taxes, internet, phone bill, insurance, vehicle payments, etc.)

Jointly approved and necessary living expenses shall be split between the Parties as follows:

The First Party shall contribute (percentage)% per month;

The Second Party shall contribute (percentage)% per month.

The Cohabitants shall establish a joint checking account to which contributions shall be deposited, and payments shall be made. Any property purchased with funds in this checking account shall be considered joint property of the Cohabitants.

If the individual amounts to be contributed will vary from one expense to another, you can specify on a case-by-case basis instead of having a flat contribution percentage for both parties.

4. Property Exclusions.

The following properties shall be held as separate property that does not fall under this agreement and is not subject to division upon termination of this Agreement:

  • (Specify any earnings, gifts, inheritances, property, etc., acquired before or after the execution of this Agreement)

  • Exclusions

  • Exclusions

5. Joint Property.

All property acquired during this Agreement while using joint resources and funds shall be considered joint property of the Cohabitants, with each party possessing the aforementioned percentage of ownership.

6. Commingling of Property.

In cases where reasonable demonstration of sole ownership cannot be demonstrated, if either party should commingle joint property with separate property, any commingled property shall be presumed to be the joint property of the parties.

7. Division of Property upon Termination.

Upon termination of this Agreement, all jointly owned property shall be divided among the parties based on their aforementioned share of the property. If the parties cannot agree on the appropriate division of the joint property, they may mutually agree upon a third party to act as an appraiser and assign values as appropriate. Once values have been assigned, the property shall be divided among each Cohabitant based on their pro rata share.

8. Waivers.

Except as otherwise stated in this Agreement, the Cohabitants waive the following rights:

  • To claim the presence of common-law marriage.

  • To share in each other's estates after either party's death.

  • To share in any increase in value of the separate property either party possesses during the cohabitation period.

  • To any forms of support or maintenance such as "palimony," both temporary and permanent, after the cohabitation period ends.

  • To share in any retirement accounts or pensions of the other party.

  • To the division of either party's separate property, whether held currently or acquired hereafter.

9. Legal Names Retained.

Each party shall retain its legal name as printed and signed in this Agreement.

10. Duration of Agreement.

This Agreement is considered to be in effect as of the date of execution and shall remain in effect until termination.

11. Termination.

Either party can terminate the agreement by serving the other party a written notice. The Agreement will also be terminated by cessation of joint residency or the death of either party.

12. Additional Provisions.

Additional provisions to this Agreement, if any, are as follows: (Use this space to make any additional provisions, e.g., custody of pets, how household chores should be allocated, etc.)

Take advantage of this section to specify any additional provisions either party wants to be included in the agreement. This is a great opportunity to specify things that might make joint residency easier.

13. Entire Agreement.

The Cohabitants agree that this Agreement is the full and complete Agreement between the parties, and there are no other agreements between the parties regarding their joint residency. Any modifications to this agreement must be made in writing and agreed to by both parties.

14. Severability.

Should any part of this Agreement be held void or unenforceable legally, then the remaining portions shall continue in full effect.

15. Governing Law.

This Agreement shall be governed by the laws of the State of (state name).

Both Parties hereby agree to execute this Agreement as evidenced by their signatures:

​

Signature
MM / DD / YYYY

​

Signature
MM / DD / YYYY

​[Cohabitant1.FirstName][Cohabitant1.LastName]​

​[Cohabitant2.FirstName][Cohabitant2.LastName]​

Witnessed by:

​

Signature
MM / DD / YYYY

​

Signature
MM / DD / YYYY

​[Witness1.FirstName][Witness1.LastName]​

​[Cohabitant2.FirstName][Cohabitant2.LastName]​

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FAQ

  • A cohabitation agreement is a legal agreement typically reached between a couple in a relationship who has decided to live together in the same residence. Cohabitation agreements can help clarify ongoing financial responsibilities and obligations between the parties and prevent disputes should the parties involved decide to stop living together.  

  • The purpose of a cohabitation agreement is to protect the individual interests of an unmarried couple who decide to live together. It also helps to determine how each party’s assets should be considered and how ongoing responsibilities should be handled. 

  • The key elements of a cohabitation agreement typically include what financial responsibilities each party shoulders, how property should be divided in the case of breakup or death, and what sort of financial support should be rendered during or after a relationship. 

  • Yes, if a cohabitation agreement is built and completed correctly, they are enforceable in court. Of course, each court and state will vary in how they enforce cohabitation agreements, and each party should seek legal counsel before entering into a cohabitation agreement.

  • Cohabitation agreements do not expire unless specified in the agreement. Should the parties involved get married, the agreement can continue or apply as a marriage contract. The agreement will also end should either party decide to terminate the agreement or should either party die. 

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Cohabitation Agreement

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Cohabitation Agreements give people in relationships who want to live together legal protections. You can make changes to this template to suit your needs and goals.

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