Cohabitation Agreement

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This Cohabitation Agreement is designed for use by a couple who is living together.

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Many couples decide to move in together with no immediate plans for marriage. In many instances they assume that expectations regarding finances and expenses are the same but this is not often the case. In these circumstances it is important that the couple have a written Cohabitation Agreement. A Cohabitation Agreement sets out the couple's arrangement regarding finances and personal possessions. In the event the relationship ends, a written Cohabitation Agreement will prove valuable when dividing the couple's assets.

Among others, this form includes the following:
  • Parties: This provision sets out the names of the couple, residency and how long they have lived together;
  • Earnings as Separate Property: This provision states that while living together each individual's earnings shall remain their sole and separate property;
  • Payment of Living Expenses: This provision sets out the percentage each party will pay for the household's monthly living expenses;
  • Present Financial Condition: Both parties will attach a list of their individual assets and liabilities to this agreement;
  • Effective Date and Signatures: This provision sets out the effective date of the agreement and contains the signature lines for the couple.

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This attorney-prepared packet includes:
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  2. Cohabitation Agreement for use in your state
State Law Compliance: This form complies with the laws of your state
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
COHABITATION AGREEMENT
 
This cohabitation agreement is made __________ [date], between _________________ [name of male], an adult, of _____________________ [address], ____________________ [city], ________ [county], __________________ [state], and __________________________ [name of female], an adult, of  ___________________ [address], ____________________ [city], ___________ [county], _______________ [state].
 
RECITALS
 
A.    The parties to this agreement have been living together since ________________
[date], at ______________________ address], ____________________ [city], _______ [county],  __________________ [state], and it is their intent to continue such living arrangement.
B.    Each of the parties is an unmarried person and a resident of _______________
[state].
C.   _____________ [male] is ______________ [a or an] _______________________
[occupation]. __________ [female] is ______________ [a or an] ________________________
[occupation].  Each of the parties intends to continue in his or her present occupation.
D.     The parties intend by this agreement to define their property rights with one
another.  This agreement shall supersede any case ____________ [and statutory] law of ________________ [state] defining the rights and duties of persons living together in an unmarried state.
1.   ___________ [if agreement to be governed by law of the state in which
common-law marriage is recognized, and, if applicable, state: The parties do not intend that any information or common-law marriage shall arise by virtue of the parties cohabitation with one another.]
 
SECTION ONE
CONSIDERATION
 
The consideration for this agreement consists of the mutual promises of each party to act as a companion and homemaker to the other, in addition to the other promises contained in this agreement.  The furnishing of sexual services forms no part of the consideration for this agreement.
The parties agree that any services which either party may provide to the other or for the benefit of the other are fully compensated by this agreement.
 
 
SECTION TWO
EARNINGS AS SEPARATE PROPERTY
 
The earnings of each party, while living together, shall remain their separate property and shall not be subject to division on termination of the parties relationship.
 
SECTION THREE
PAYMENT OF LIVING EXPENSES
 
The parties agree that ___________________________ [male] shall pay _____% and
____________________________ [female] shall pay ________% of their living expenses while they are living together. ______________________ [male] shall deposit $________________ monthly and _____________________ [female] shall deposit $___________________ monthly into a joint checking account on which either party may draw.  Any property purchased from that account and any balance in the account shall be owned in the same percentages as contributions to the account.
 
SECTION FOUR
ASSETS AND LIABILITIES AS SEPARATE PROPERTY
 
Each of the parties agrees that property owned or acquired by either party shall remain the separate property of each party.  This property shall include, but not be limited to, all property, whether real or personal, owned by either party at the effective date of this agreement; all property acquired by the other party out of the proceeds or income from property owned at the effective date of this agreement or attributable to appreciation in value of such property, whether the enhancement is due to market conditions or to the services, skills, or efforts of its owners; and all property subsequently acquired by either party by gift, bequest, devise, or inheritance, or income from such property, or attributable to the appreciation in value of such property, whether the enhancement is due to market conditions or to the services, skills, or efforts of its owner.
Neither party shall be liable for the individual and separate debts incurred by the other party.
 
SECTION FIVE
PRESENT FINANCIAL CONDITION OF EACH PARTY
 
A balance sheet of each party has been attached to this agreement as Exhibits ______ and ______.  Neither party represents his or her respective balance sheet to be exact computation of his or her assets and liabilities, but the balance sheet constitutes a reasonable approximation of each partys assets and liabilities.
Each party represents to the other that he or she has fully disclosed to the other his or her financial situation by the representations contained in the balance sheet, subject only to the warning that the balance sheet was prepared informally and not by professional accountants.
 
SECTION SIX
DISPOSITIONS OF PROPERTY
 
Either party to this agreement may, by appropriate written instrument, transfer, convey, devise, or bequeath any property to the other.  Neither party intends to limit or restrict in any way the right to receive any such transfer, conveyance, devise, or bequest from the other, except as expressly stated in this agreement.
 
SECTION SEVEN
CHANGE IN STATUS OF PROPERTY
 
Except as otherwise provided for in this agreement, the property or interests in property now owned or later acquired by either party, which by the terms of this agreement is classified as the separate property of one party, can only become the separate property of the other party or the joint property of both by a written instrument executed by the party whose separate property is to be reclassified.
 
SECTION EIGHT
FIDUCIARY RELATIONSHIP
 
Each of the parties promises to act in good faith and to deal fairly toward the other in the management of their joint property and in living under the terms of this agreement.
 
SECTION NINE
USE OF SURNAMES
 
Each party shall retain his/her name, including surname, as printed and signed in this Agreement. The provisions of this section shall not affect the rights of the parties as set forth in this agreement as a whole.  Any applications for joint credit shall not affect any financial arrangement set forth in this agreement.
 
SECTION TEN
GOVERNING LAW
 
The law of ______________ [state] ________________ shall apply in the interpretation of this agreement and the ownership of the property of the parties except to the extent the parties have expressly agreed otherwise in this agreement.
 
SECTION ELEVEN
COMPLETE AGREEMENT
 
This agreement sets forth the entire agreement between the parties with regard to the subject matter.  All agreements, covenants, representations, and warranties, either express or implied, oral or written, of the parties with regard to their financial relationship, either past, present, or future, commencing as of the date they began living together and terminating if and when they separate, are contained in this agreement.
No other agreements, covenants, representations, or warranties, either express or implied, oral or written, have been made by either party to the other with respect to the subject matter of this agreement.  All prior and contemporaneous oral conversations, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter are waived, merged into, and superseded by this agreement.
 
SECTION TWELVE
ATTORNEY FEES
 
Should either party retain counsel for the purpose of the enforcement or the prevention of the breach of any provision of this agreement, including, but not limited to, the institution of any action or proceeding to enforce any provision of it, for damages by reason of any alleged breach of any provision, or for a declaration of the partys rights or obligations under this agreement, or for any other judicial remedy, the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred by the same, including, but not limited to, costs and reasonable attorney fees for the services rendered to the prevailing party.
 
SECTION THIRTEEN
COSTS AND EXPENSES
 
Each party shall bear his or her respective costs and expenses incurred in connection with this agreement, including the negotiation, preparation, and consummation of the agreement.
 
SECTION FOURTEEN
SEVERABILITY OF PROVISIONS
 
If any of the provisions of this agreement are deemed to be invalid or unenforceable, such provisions shall be deemed severable from the remainder of this agreement and shall not cause the invalidity or unenforceability of the remainder of this agreement.  If any provision shall be deemed invalid due to its scope, this provision shall be deemed valid to the extent of the scope permitted by law.
 
SECTION FIFTEEN
CONSULTATION WITH ATTORNEY
 
The parties acknowledge that, prior to the signing of this agreement, each party consulted with an attorney of his or her choice and the terms and legal significance of this agreement and the effect which it has upon any interest which each party might obtain in the property of the other was fully explained to each.
Each party acknowledges that he or she fully understands the significance of this agreement and its legal effect and that he or she shall sign the same freely and voluntarily and that neither has any reason to believe that the other party did not understand fully the terms and effects of this agreement or that he or she did not freely and voluntarily execute this agreement.
 
SECTION SIXTEEN
EFFECT OF DEATH
 
Each of the parties waives the right to be supported by the other after their separation or after the death of either party.
 
SECTION SEVENTEEN
BINDING EFFECT
 
This agreement shall be binding on and inure to the benefit of both parties and their respective heirs, administrators, personal representatives, successors, and assigns.
 
SECTION EIGHTEEN
AMENDMENT
 
This agreement can only be amended by written agreement signed by both parties.
 
SECTION NINETEEN
EFFECTIVE DATE
 
This agreement shall be effective as of ________________ [date], and shall continue until either the separation of the parties or the death of either party.  Separation shall be as defined under the law of _______________ [state] relating to marital separation.
This agreement shall continue in full force and effect in the event the parties marry each other, with the exception of the provisions of Section Sixteen regarding support, which shall be deleted from this agreement as of the date of the marriage of the parties.
The parties have executed this agreement at ________________________________ [designate place of execution] the day and year first above written.
 
 
 
_____________________________________   ___________________________________
[Signature of Male]               [Signature of Female]  
 
 
 
ACKNOWLEDGMENT
 
STATE OF___________   )
                 )   SS:
COUNTY OF ________   )
On the _____ day of __________, 20___ here appeared before me, a Notary public, _______________ __and ___________________, known to me to be the person(s) whose name is subscribed to this instrument, and acknowledged that he executed the same.  I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.
___________________________________
NOTARY PUBLIC in and for said                                      County and State  
 
 
 
Attorneys Certification
 
I, ____________________________ [name of attorney], certify that I am a licensed attorney, admitted to practice law in _____________ [state].  I further certify that I have consulted with ____________________ [name], a party to the foregoing agreement, and have fully advised ______________________ [him or her] of ___________________ [his or her] property rights and the legal significance of the foregoing agreement. _______________ [name of party] has acknowledged _________ [his or her] full and complete understanding of the legal consequences of the foregoing instrument, and has freely and voluntarily executed the agreement in my presence.
 
 
Dated:_________________   ____________________________________
[Signature of attorney]
 
[repeat certification for other party, if desired]
[attach exhibits]
 
 
 
 
 
Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28144
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
COHABITATION AGREEMENT
 
This cohabitation agreement is made __________ [date], between _________________ [name of male], an adult, of _____________________ [address], ____________________ [city], ________ [county], __________________ [state], and __________________________ [name of female], an adult, of  ___________________ [address], ____________________ [city], ___________ [county], _______________ [state].
 
RECITALS
 
A.    The parties to this agreement have been living together since ________________
[date], at ______________________ address], ____________________ [city], _______ [county],  __________________ [state], and it is their intent to continue such living arrangement.
B.    Each of the parties is an unmarried person and a resident of _______________
[state].
C.   _____________ [male] is ______________ [a or an] _______________________
[occupation]. __________ [female] is ______________ [a or an] ________________________
[occupation].  Each of the parties intends to continue in his or her present occupation.
D.     The parties intend by this agreement to define their property rights with one
another.  This agreement shall supersede any case ____________ [and statutory] law of ________________ [state] defining the rights and duties of persons living together in an unmarried state.
1.   ___________ [if agreement to be governed by law of the state in which
common-law marriage is recognized, and, if applicable, state: The parties do not intend that any information or common-law marriage shall arise by virtue of the parties cohabitation with one another.]
 
SECTION ONE
CONSIDERATION
 
The consideration for this agreement consists of the mutual promises of each party to act as a companion and homemaker to the other, in addition to the other promises contained in this agreement.  The furnishing of sexual services forms no part of the consideration for this agreement.
The parties agree that any services which either party may provide to the other or for the benefit of the other are fully compensated by this agreement.
 
 
SECTION TWO
EARNINGS AS SEPARATE PROPERTY
 
The earnings of each party, while living together, shall remain their separate property and shall not be subject to division on termination of the parties relationship.
 
SECTION THREE
PAYMENT OF LIVING EXPENSES
 
The parties agree that ___________________________ [male] shall pay _____% and
____________________________ [female] shall pay ________% of their living expenses while they are living together. ______________________ [male] shall deposit $________________ monthly and _____________________ [female] shall deposit $___________________ monthly into a joint checking account on which either party may draw.  Any property purchased from that account and any balance in the account shall be owned in the same percentages as contributions to the account.
 
SECTION FOUR
ASSETS AND LIABILITIES AS SEPARATE PROPERTY
 
Each of the parties agrees that property owned or acquired by either party shall remain the separate property of each party.  This property shall include, but not be limited to, all property, whether real or personal, owned by either party at the effective date of this agreement; all property acquired by the other party out of the proceeds or income from property owned at the effective date of this agreement or attributable to appreciation in value of such property, whether the enhancement is due to market conditions or to the services, skills, or efforts of its owners; and all property subsequently acquired by either party by gift, bequest, devise, or inheritance, or income from such property, or attributable to the appreciation in value of such property, whether the enhancement is due to market conditions or to the services, skills, or efforts of its owner.
Neither party shall be liable for the individual and separate debts incurred by the other party.
 
SECTION FIVE
PRESENT FINANCIAL CONDITION OF EACH PARTY
 
A balance sheet of each party has been attached to this agreement as Exhibits ______ and ______.  Neither party represents his or her respective balance sheet to be exact computation of his or her assets and liabilities, but the balance sheet constitutes a reasonable approximation of each partys assets and liabilities.
Each party represents to the other that he or she has fully disclosed to the other his or her financial situation by the representations contained in the balance sheet, subject only to the warning that the balance sheet was prepared informally and not by professional accountants.
 
SECTION SIX
DISPOSITIONS OF PROPERTY
 
Either party to this agreement may, by appropriate written instrument, transfer, convey, devise, or bequeath any property to the other.  Neither party intends to limit or restrict in any way the right to receive any such transfer, conveyance, devise, or bequest from the other, except as expressly stated in this agreement.
 
SECTION SEVEN
CHANGE IN STATUS OF PROPERTY
 
Except as otherwise provided for in this agreement, the property or interests in property now owned or later acquired by either party, which by the terms of this agreement is classified as the separate property of one party, can only become the separate property of the other party or the joint property of both by a written instrument executed by the party whose separate property is to be reclassified.
 
SECTION EIGHT
FIDUCIARY RELATIONSHIP
 
Each of the parties promises to act in good faith and to deal fairly toward the other in the management of their joint property and in living under the terms of this agreement.
 
SECTION NINE
USE OF SURNAMES
 
Each party shall retain his/her name, including surname, as printed and signed in this Agreement. The provisions of this section shall not affect the rights of the parties as set forth in this agreement as a whole.  Any applications for joint credit shall not affect any financial arrangement set forth in this agreement.
 
SECTION TEN
GOVERNING LAW
 
The law of ______________ [state] ________________ shall apply in the interpretation of this agreement and the ownership of the property of the parties except to the extent the parties have expressly agreed otherwise in this agreement.
 
SECTION ELEVEN
COMPLETE AGREEMENT
 
This agreement sets forth the entire agreement between the parties with regard to the subject matter.  All agreements, covenants, representations, and warranties, either express or implied, oral or written, of the parties with regard to their financial relationship, either past, present, or future, commencing as of the date they began living together and terminating if and when they separate, are contained in this agreement.
No other agreements, covenants, representations, or warranties, either express or implied, oral or written, have been made by either party to the other with respect to the subject matter of this agreement.  All prior and contemporaneous oral conversations, negotiations, possible and alleged agreements and representations, covenants and warranties with respect to the subject matter are waived, merged into, and superseded by this agreement.
 
SECTION TWELVE
ATTORNEY FEES
 
Should either party retain counsel for the purpose of the enforcement or the prevention of the breach of any provision of this agreement, including, but not limited to, the institution of any action or proceeding to enforce any provision of it, for damages by reason of any alleged breach of any provision, or for a declaration of the partys rights or obligations under this agreement, or for any other judicial remedy, the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred by the same, including, but not limited to, costs and reasonable attorney fees for the services rendered to the prevailing party.
 
SECTION THIRTEEN
COSTS AND EXPENSES
 
Each party shall bear his or her respective costs and expenses incurred in connection with this agreement, including the negotiation, preparation, and consummation of the agreement.
 
SECTION FOURTEEN
SEVERABILITY OF PROVISIONS
 
If any of the provisions of this agreement are deemed to be invalid or unenforceable, such provisions shall be deemed severable from the remainder of this agreement and shall not cause the invalidity or unenforceability of the remainder of this agreement.  If any provision shall be deemed invalid due to its scope, this provision shall be deemed valid to the extent of the scope permitted by law.
 
SECTION FIFTEEN
CONSULTATION WITH ATTORNEY
 
The parties acknowledge that, prior to the signing of this agreement, each party consulted with an attorney of his or her choice and the terms and legal significance of this agreement and the effect which it has upon any interest which each party might obtain in the property of the other was fully explained to each.
Each party acknowledges that he or she fully understands the significance of this agreement and its legal effect and that he or she shall sign the same freely and voluntarily and that neither has any reason to believe that the other party did not understand fully the terms and effects of this agreement or that he or she did not freely and voluntarily execute this agreement.
 
SECTION SIXTEEN
EFFECT OF DEATH
 
Each of the parties waives the right to be supported by the other after their separation or after the death of either party.
 
SECTION SEVENTEEN
BINDING EFFECT
 
This agreement shall be binding on and inure to the benefit of both parties and their respective heirs, administrators, personal representatives, successors, and assigns.
 
SECTION EIGHTEEN
AMENDMENT
 
This agreement can only be amended by written agreement signed by both parties.
 
SECTION NINETEEN
EFFECTIVE DATE
 
This agreement shall be effective as of ________________ [date], and shall continue until either the separation of the parties or the death of either party.  Separation shall be as defined under the law of _______________ [state] relating to marital separation.
This agreement shall continue in full force and effect in the event the parties marry each other, with the exception of the provisions of Section Sixteen regarding support, which shall be deleted from this agreement as of the date of the marriage of the parties.
The parties have executed this agreement at ________________________________ [designate place of execution] the day and year first above written.
 
 
 
_____________________________________   ___________________________________
[Signature of Male]               [Signature of Female]  
 
 
 
ACKNOWLEDGMENT
 
STATE OF___________   )
                 )   SS:
COUNTY OF ________   )
On the _____ day of __________, 20___ here appeared before me, a Notary public, _______________ __and ___________________, known to me to be the person(s) whose name is subscribed to this instrument, and acknowledged that he executed the same.  I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.
___________________________________
NOTARY PUBLIC in and for said                                      County and State  
 
 
 
Attorneys Certification
 
I, ____________________________ [name of attorney], certify that I am a licensed attorney, admitted to practice law in _____________ [state].  I further certify that I have consulted with ____________________ [name], a party to the foregoing agreement, and have fully advised ______________________ [him or her] of ___________________ [his or her] property rights and the legal significance of the foregoing agreement. _______________ [name of party] has acknowledged _________ [his or her] full and complete understanding of the legal consequences of the foregoing instrument, and has freely and voluntarily executed the agreement in my presence.
 
 
Dated:_________________   ____________________________________
[Signature of attorney]
 
[repeat certification for other party, if desired]
[attach exhibits]
 
 
 
 
 

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