Unregistered Domestic Partnership Cohabitation Agreement Template

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Model Cohabitation Agreement for Domestic Partners – Parties to Share
Residence, Earnings and Accumulated Property – Support Provisions
Editor’s Note:
This agreement is designed for use by two persons of the same or opposite
sex(es) who desire to establish and maintain a non-registered cohabitation
relationship in which one person financially supports the relationship and the other
renders various homemaking services. Exhibits listing any assets currently owned
and obligations currently owed by each party should be attached to the agreement
(see Paragraph 3).
The form generally provides that the parties will jointly own any property
acquired during the relationship (see Paragraph 4). The form also contains an
optional paragraph for use if one of the parties already owns a residence and the
parties agree that any increase in value occurring during the relationship is to be
shared (see Paragraph 5). The signatures of the parties are acknowledged by a
notary public.
This form may also be modified to serve as an agreement between two
unregistered persons who are either (1) both gainfully employed and intend to
share jointly accumulated property, or (2) both gainfully employed and intend to
share only household and related expenses.
Two alternative support provisions provide for the financial support of one
party to the relationship. One provision requires that the gainfully-employed party
support the other party after the relationship ends. This provision protects a party
who has, perhaps, foregone educational and career opportunities for the sake of the
relationship and who depends on the earnings of the other party to the relationship.
The second alternative also provides that the gainfully-employed party is to
provide the other party with support; however, the obligation to provide support is
to continue only so long as the cohabitation relationship continues. This alternative
also includes a provision that the parties disclaim any right to support after the
relationship ends.
FORM
UNREGISTERED DOMESTIC PARTNERSHIP COHABITATION AGREEMENT
This Agreement is made on _________________ [date] between _________________
[name of first party] (First Party or identify by name) and _________________ [name of
second party] (Second Party or identify by name).
Model Cohabitation Agreement for Domestic Partners – Parties to Share
Residence, Earnings and Accumulated Property – Support Provisions
Editor’s Note:
This agreement is designed for use by two persons of the same or opposite
sex(es) who desire to establish and maintain a non-registered cohabitation
relationship in which one person financially supports the relationship and the other
renders various homemaking services. Exhibits listing any assets currently owned
and obligations currently owed by each party should be attached to the agreement
(see Paragraph 3).
The form generally provides that the parties will jointly own any property
acquired during the relationship (see Paragraph 4). The form also contains an
optional paragraph for use if one of the parties already owns a residence and the
parties agree that any increase in value occurring during the relationship is to be
shared (see Paragraph 5). The signatures of the parties are acknowledged by a
notary public.
This form may also be modified to serve as an agreement between two
unregistered persons who are either (1) both gainfully employed and intend to
share jointly accumulated property, or (2) both gainfully employed and intend to
share only household and related expenses.
Two alternative support provisions provide for the financial support of one
party to the relationship. One provision requires that the gainfully-employed party
support the other party after the relationship ends. This provision protects a party
who has, perhaps, foregone educational and career opportunities for the sake of the
relationship and who depends on the earnings of the other party to the relationship.
The second alternative also provides that the gainfully-employed party is to
provide the other party with support; however, the obligation to provide support is
to continue only so long as the cohabitation relationship continues. This alternative
also includes a provision that the parties disclaim any right to support after the
relationship ends.
FORM
UNREGISTERED DOMESTIC PARTNERSHIP COHABITATION AGREEMENT
This Agreement is made on _________________ [date] between _________________
[name of first party] (First Party or identify by name) and _________________ [name of
second party] (Second Party or identify by name).
Recitals:
The parties are unregistered domestic partners who desire to live together in
an unregistered relationship in which First Party financially supports Second Party,
and Second Party renders services to First Party as companion, housekeeper,
homemaker and cook. The parties desire to combine their efforts and earnings and
share equally the property accumulated through their individual or combined
efforts.
The parties therefore agree as follows:
1. Sharing of Earnings, Services and Property
(a) First Party shall use best efforts through [his or her] personal services and skills
to generate earnings, salaries, commissions or other income sufficient to provide a
standard of living mutually acceptable to the parties.
(b) Second Party shall render services to First Party as companion, housekeeper,
homemaker and cook, and assume responsibility for related household tasks.
(c) The parties shall combine their efforts and earnings and shall share equally the
property accumulated through their individual or combined efforts, as further
provided in Paragraph 4.
[Use if support is to continue after parties' permanent separation:]
2. Support
First Party shall provide for all of Second Party's financial support,
commencing as of the date of this Agreement and continuing _________________ [specify
period, e.g., for the rest of Second Party's life, notwithstanding the parties'
permanent separation, as defined in Paragraph 9, or until _________________ [specify
period, e.g., one year after the parties' permanent separation, as defined in
Paragraph 9]. This support obligation shall, however, terminate on the first to occur
of any of the following events:
(a) the death of _________________ [specify either party or Second Party],
(b) the marriage of Second Party to a third person or the entry into a registered
domestic partnership by Second Party and a third person; or
(c) the cohabitation of Second Party with a third person.
[Use if support obligation is to cease on parties' permanent separation:]
2. Support
First Party shall provide for all of Second Party's financial support until such
time as the Parties are no longer cohabiting pursuant to the terms of this
Agreement. This support obligation shall cease as of the date of the termination of
this Agreement pursuant to Paragraph 8. Each party waives and disclaims any right
to support from the other party after the termination of this Agreement.
3. Disclosure of Present Assets and Obligations
Each party has fully disclosed to the other party the full extent of all assets
presently owned and obligations presently owed by that party, as set forth in the
attached Exhibits ___________________ [specify exhibit numbers], which are incorporated
into this Agreement by reference.
4. Ownership of Jointly Owned Property
Except for the separately-owned property listed in Exhibit(s) ___________________
[specify exhibit numbers] to this Agreement, the parties shall hold all property,
including all property acquired during the period of their cohabitation under this
Agreement, equally as ___________________ [specify tenants in common or joint tenants
or tenants in common or joint tenants, as may be appropriate]. _________________
[Specify First Party or Second Party or Both parties] shall have [equal] management
and control of the jointly-owned property.
[Optional Provision:]
5. Sharing Increase in Value of Residence
_________________ [First or Second] Party presently holds sole title to the real
property described as _________________ [specify, e.g., a single-family dwelling], located
at ________________ [address], as more specifically described in Exhibit ___________________
[specify exhibit number]. This property will remain _______________ [First or Second]
Party's sole and separate property. However, the parties shall share _________________
[equally or specify formula or percentage for sharing increase] in any increase in the
value of this real property occurring on and after the date of this Agreement and
until the Agreement is terminated. On termination of the Agreement,
_________________[Second or First Party] will be entitled to receive [his or her] share in
the increase in the value of this property, within _________________ [specify period, or a
reasonable time]. [Add if desired: The parties agree that the present value of this real
property is $ _________________ or ________________ [First or Second] Party agrees to hire a
competent appraiser to establish the value of this real property as of the date of this
Agreement. The conclusions of the appraiser so hired will be binding on both
parties, unless they agree otherwise.]
[Optional Provision:]
6. Legal Names of Children of Relationship
The parties agree that any minor child or children of the parties who is/are
their biological offspring, or adopted by them, shall be given the following surname:
_________________.
[Optional Provision:]
7. Support, Maintenance, and Education of Children of Previous Relationship
_________________ [First Party or Second Party or Both parties] shall provide the
following with respect to _________________ [name(s)], ___________ [a child or children] of
a previous relationship between _________________ [Second or First] Party and a third
person: _________________ [specify nature of support, e.g., all ordinary living expenses,
including reasonable expenses for medical care, dental care, and education]. This
support obligation shall continue _________________ [specify duration of support
obligation, e.g., as to each child named in this Paragraph until the child reaches the
age of majority], [notwithstanding the parties' permanent separation, as defined in
Paragraph 9 or unless this Agreement is terminated before that time pursuant to
Paragraph 8].
8. Termination of Agreement
This Agreement shall terminate as to all unexecuted provisions on the first to
occur of any of the following events:
(a) on the written consent of the parties,
(b) on the marriage, registration or cohabitation of either party with a third person,
or
(c) on the permanent separation of the parties, as defined in Paragraph 9.
_________________ [Add if support is to extend beyond parties' permanent separation:
However, the termination of this Agreement shall not affect the continuing
obligation of either party set forth in this Agreement to support the other party
(add, if appropriate: or to support any children of a previous relationship),]
9. Permanent Separation
As used in this Agreement, the permanent separation of the parties means
that the parties have been regularly living apart in separate dwelling places for a
period of at least _________________ [specify period, e.g., one month] after one party has
notified the other in writing that [he or she] intends to cease cohabitation with that
party.
10. Division of Property
On termination of this Agreement, the parties shall immediately divide their
jointly-owned property. The jointly-held property shall be divided equally, unless
otherwise agreed to by the parties. [Optional: In addition, _________________ (First or
Second) Party shall be entitled to [his or her] share in the increase in value of the
real property described in Paragraph 5.] [Optional: If the parties are unable to agree
on a division of their property, the parties agree to submit the valuation,
characterization, and division of their property to binding arbitration, as further
provided in Paragraph 11.]
[Optional Provision:]
11. Arbitration of Disputes
If the parties separate and are unable to agree on a division of their property
or on any other right or obligation under this Agreement, then they shall submit the
matter for resolution by arbitration to be conducted in accordance with the
provisions of this Paragraph. The parties shall jointly designate a person to act as
arbitrator. In the event that the parties cannot agree on the designation of an
arbitrator, the following provisions shall apply: Each party shall designate a person
to act as an arbitrator. The two persons designated by the parties shall then agree
on a third person to act as an arbitrator, thereby creating an arbitration panel of
three persons. Each party shall submit to the arbitrator or the arbitration panel, as
the case may be, a written statement regarding all issues in dispute along with any
relevant documents. In making his, her, or its decision, the arbitrator or the
arbitration panel, as the case may be, shall take into account all relevant facts and
circumstances. The decision of the arbitrator or the arbitration panel, as the case
may be, shall be binding on both parties. Each party shall pay _________________ [one-
half or specify other percentage] of the fees, if any, charged by the arbitrator(s) for
their services. However, any issue regarding the custody, visitation, or support of
any child born to the parties or adopted by them shall be submitted to a court of
competent jurisdiction.

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