"Cohabitation Agreement Template"

What Is a Cohabitation Agreement?

When you are ready to move in with a romantic partner, but are not married yet, you will want to create a Cohabitation Agreement.

Alternate Name:

  • Cohabitation Agreement Form.

A printable Cohabitation Agreement template can be downloaded through the link below. A Cohabitation Agreement for unmarried partners works similarly to a Roommate Agreement where it will lay out how assets will be split should the couple decide to part ways before marriage.

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How to Write a Cohabitation Agreement?

To create a nonmarital Cohabitation Agreement, you will want to include the following information:

  1. An introductory sentence stating the date the agreement is signed and the full name of both people in the relationship.
  2. A clause that describes the background of every party:
    • Both parties agree to make note of prior ownership of any furniture or assets acquired by each party before cohabitating. This will help make the division of assets simpler should the couple chose to separate in the future;
    • Both parties understand that since they are not wedded, they cannot seek retribution of assets through state or federal laws intended for married couples;
    • Each party member comes to this agreement of their own free will and has not been coerced into the Cohabitation Agreement;
    • Each party member has disclosed all assets from each side as well as any outstanding debts or other liabilities.
  3. A clause regarding the division of property:
    • All assets listed in this agreement (including assets acquired before cohabitation) will have one of the two parties listed as the owner and that both parties agree to the asset list;
    • If future assets are purchased while cohabitating, both parties agree to list this property as shared assets;
    • Should the parties separate due to the death of one party or dissolution of the relationship, all property that is equally owned will be split equally, unless the parties explicitly state exceptions to this rule;
    • Gifts from one party to the other will not be counted in the division of property and cannot be rescinded by the original gift giver.
  4. A clause regarding debts:
    • Both parties recognize that any funds held by both parties will be counted as commingled funds;
    • Any debts held by either party will be seen as separate from the other party and will remain separate throughout the lifetime of the debt;
    • Any debts held by both parties will be seen as joint debt.
  5. Should one party owe funds to the other party at the time of separation, both parties agree to make sure funds are made payable.
  6. Nothing listed in the agreement will prevent either party from listing one another as beneficiaries of assets in the case of their death.
  7. Each party agrees that should any part of the nonmarital Cohabitation Agreement be found to violate state or federal law, that part will either be amended or removed to meet the legal requirements.
  8. When entering into this agreement, both parties recognize they entering into the agreement in good faith and all financial information is correct to the best of their knowledge and they agree to follow the rules detailed in the agreement.
  9. Signature section, as well as sections for two witnesses to the signing.
  10. A section where all property owned by each individual is listed, along with space for any joint property acquired.

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Cohabitation Agreement
This Cohabitation Agreement (hereinafter referred to as the “Agreement”) is entered
into as of ____________________, by and between _____________________________,
with a mailing address of ___________________________________________________
_________________________________ (hereinafter referred to as the “First Party”) and
_____________________________, with a mailing address of ____________________
_______________________________________________________________________
(hereinafter referred to as the “Second Party”), collectively referred to as the “Parties,”
both of whom agree to be bound by this Agreement.
1. Purpose. The Parties (choose one):
Currently live together.
Intend to live together.
There is currently no intention or agreement to marry or be married.
2. Current Circumstances. The First Party has (choose one):
No children.
A child whose name is ____________________, aged __________.
Several children:
____________________, aged __________.
____________________, aged __________.
____________________, aged __________.
The Second Party has (choose one):
No children.
A child whose name is ____________________, aged __________.
Several children:
____________________, aged __________.
____________________, aged __________.
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Cohabitation Agreement
This Cohabitation Agreement (hereinafter referred to as the “Agreement”) is entered
into as of ____________________, by and between _____________________________,
with a mailing address of ___________________________________________________
_________________________________ (hereinafter referred to as the “First Party”) and
_____________________________, with a mailing address of ____________________
_______________________________________________________________________
(hereinafter referred to as the “Second Party”), collectively referred to as the “Parties,”
both of whom agree to be bound by this Agreement.
1. Purpose. The Parties (choose one):
Currently live together.
Intend to live together.
There is currently no intention or agreement to marry or be married.
2. Current Circumstances. The First Party has (choose one):
No children.
A child whose name is ____________________, aged __________.
Several children:
____________________, aged __________.
____________________, aged __________.
____________________, aged __________.
The Second Party has (choose one):
No children.
A child whose name is ____________________, aged __________.
Several children:
____________________, aged __________.
____________________, aged __________.
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____________________, aged __________.
The Parties wish to establish their respective rights and responsibilities regarding each
other's income and property, as well as any income and property that may be acquired,
either separately or together, during the period of cohabitation.
The Parties intend for the distribution and characterization of any property that either or
both of them may own or acquire during the period of cohabitation shall be governed by
the terms of this Agreement, and this Agreement alone, upon the event of dissolution,
whether by choice or by death.
3. Effective Date. This Agreement will be effective on ____________________
(hereinafter referred to as the “Effective Date”), the approximate date when the Parties'
cohabitation began or will begin. If the Parties do not begin living with each other by
such date, this Agreement will be null and void and its provisions unenforceable.
4. Disclosure. The Parties hereby acknowledge that they have each made a full and
complete disclosure to each other of all of their financial assets and liabilities.
They further acknowledge that they have received a full and complete disclosure of the
other Party’s financial assets and liabilities. Each Party hereby waives any future rights to
additional disclosure, unless otherwise agreed to in writing.
5. Legal Representation. Each Party acknowledges that they have had the chance to
consult with an attorney or other expert of their own choice in the negotiation,
preparation, explanation and execution of this Agreement, or has voluntarily chosen to
forego consultation with such attorney or other such expert. Each Party admits they are
entering into this Agreement freely and voluntarily, and that neither fraud nor duress
induced the Party into consenting to this Agreement.
6. Waiver of Rights. The Parties acknowledge that they have had ample time and
opportunity to investigate the property rights of each other.
Each Party hereby voluntarily and expressly waives any right to further disclosure of the
property, debts, or other financial obligations of the other Party, beyond the disclosures
attached to this Agreement or exchanged separately and in furtherance of inquiries to
respective property rights.
Each Party agrees that they may be waiving rights to which they are otherwise entitled
under either the laws of their state, other states or the Federal government including
property rights, the laws of inheritance, and the laws of the family code. Indeed, each
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Party hereby desires and requests that any laws of any state or Federal government that
may otherwise apply to them do not apply to the extent allowed by law.
7. Obligations to Other Party’s Children. Unless a court order of adoption is obtained,
neither Party now intends to assume nor will assume any responsibility regarding the
other Party’s child or children, as the case may be, biological or adopted.
The Parties specifically agree that neither Party will be responsible for any expenses for
education, including college, of the other Party’s child or children.
Each Party agrees to indemnify and hold the other Party and their property harmless from
any such claim.
Further, if either Party voluntarily pays or advances any money for the educational or
other expenses of the other Party’s child, no obligation of indemnification or
reimbursement from the recipient parent will arise unless an explicit written
understanding to indemnify or reimburse is executed contemporaneously with the
payment or advance.
8. Support. Each Party waives the right to be supported by the other Party after their
separation or after the death of either Party, and each Party agrees not to make any claim
for such support. The Parties rely upon the law of contract to govern in respect of this
issue. No change in circumstances, including living expenses, career changes, or
disability, shall entitle either Party to claim support from the other.
9. Reimbursement. Each Party hereby waives any right of reimbursement to money;
time, toil and labor spent in service of the property of the other; or payment of debts and
loans.
10. Household Account. Each Party agrees to pay __________% of their shared living
expenses while cohabitating.
Expenditures for living expenses or for the common benefit will be made from a joint
account, wherein each Party shall deposit the percentage stated above. Neither Party may
draw on the joint account for any purpose other than living expenses, unless otherwise
agreed to in writing. Each Party must keep the other informed of all withdrawals.
11. Estates and Testamentary Disposition. Nothing in this Agreement shall impede the
right of either Party to name the other as a beneficiary by will or other testamentary
disposition.
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Each Party agrees to accept the provisions of any last will and testament and codicils that
may be in effect at the time of either Party’s death in full settlement and satisfaction of
any and all interest that they, as the cohabitant, might have to the decedent’s estate.
12. Severability. If any provision of this Agreement is for any reason found to be
unenforceable, all other provisions nonetheless remain enforceable, and the provision
found to be unenforceable shall be severable from the other provisions of this contract
without affecting the enforceability of the remainder of the document.
13. Fiduciary Duty. Each Party, upon execution, promises to act in good faith and to deal
fairly with the other Party, including in the management of their joint property and/or
accounts in acting under the terms of this Agreement.
13. Enforceability. The Parties agree to provide and execute such further documentation
as may be reasonably required to give full force and effect to each term of this
Agreement.
This Agreement binds and inures to the benefit of the Parties and their respective
legatees, devisees, heirs, executors, legal and personal representatives, assigns,
transferees, and successors in interest.
This Agreement may be enforced by suit in law or equity by either of the Parties or by
their heirs, executors, attorneys, or assigns.
14. Attorney’s Fees. If either Party brings an action or other proceeding to enforce this
Agreement or to enforce any judgment or order made by a court in connection with this
Agreement, the prevailing Party will be entitled to recover reasonable attorney’s fees and
other necessary costs from the other Party. If either Party files a declaratory judgment
proceeding to determine the enforceability of this Agreement, neither Party will be
entitled to an award of attorney’s fees unless a Party successfully challenges the validity
of this Agreement, in which event the court will have the authority to award attorney’s
fees. If either Party seeks to invalidate some or all of this Agreement or seeks to recover
property in a manner at variance with this Agreement, the successful Party will be
entitled to recover reasonable attorney’s fees and other necessary costs from the other
Party.
15. Parent-Child Relationship. Nothing in this Agreement affects either Party’s rights in
any suit affecting the parent-child relationship.
16. Termination and Amendment. This Agreement may only be amended by the Parties
in writing, signed by both of them and notarized under oath.
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This Agreement shall be terminated upon Separation of the Parties, including death.
Separation will be on the date the Parties cease cohabitation. Cessation of cohabitation
may be evidenced by written notice from one Party to the other Party. Such separation
will be deemed to have occurred on the date that written notice is delivered to the other
Party’s last-known mailing address. Separation of cohabitation may be defined under the
case law in the jurisdiction of the governing law.
This Agreement shall terminate upon marriage of the Parties to each other.
The Parties agree to the terms and conditions set forth above as demonstrated by their
signatures as follows:
_________________________________
_________________________________
Printed Name of First Party
Printed Name of Second Party
_________________________________
_________________________________
Signature of First Party
Signature of Second Party
_________________________________
_________________________________
Date
Date
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