Cohabitation Agreement Template

1. Two cohabitants — These are individuals who are in a committed relationship and have chosen to remain unmarried but live together in a domestic partnership. To prevent future misunderstandings and potential disputes, parties named in the cohabitation agreement must clearly understand their roles and responsibilities before signing the document.

2. Witnesses — Witnesses to a cohabitation agreement offer objectivity and detachment to the contract. They are typically individuals who (i) are not directly involved in the relationship, (ii) affirm that the agreement was executed freely and voluntarily by both parties, and (iii) can later testify to the validity of the contract. Witness testimony is also mandatory in every US state that recognizes cohabitation agreements.

1. Property ownership — specifies how the partners will own property (separate or shared) and outlines the process for dividing property in the event of a breakup or the death of one of the partners.
   
   
2. Financial support — details how the partners will share household expenses, designating which partner is expected to make the most monetary contributions during the relationship.
   
   
3. Debt liability — outlines how the partners will divide debts incurred during the partnership and in the event of separation.
   
   
4. Domestic duties — affirms each partner’s responsibilities for housekeeping and homemaking tasks.
   
   
5. Pets — outlines which partner will take custody or care for the couple’s domestic animals in case of a separation or breakup.
   
   
6. Dispute resolution — memorializes how the cohabitants will handle agreement disputes if and when they arise.
   
   
7. End-of-relationship arrangements — indicates the process for terminating the cohabitation agreement and the division of property if the relationship ends.
   
   
8. Inheritance — specifies how to handle probate matters upon the death of a partner.
   
   
9. Child custody and visitation — describes child custody, visitation, and support payments when applicable.
   
   
10. Termination clause — specifies the grounds for which the cohabitation agreement can self-terminate or the steps one party can take to rescind it.

• Party information — Record each partner’s personal information (full names and addresses). This section of the cohabitation agreement ensures that the people who sign the contract are the named parties to the contract who have established their agreements.
  
  
• Description and purpose — Express that the couple willfully chooses to create the agreement, and affirm that the parties mutually understand their rights and legal duties as expressed in the terms of the agreement.
  
  
• The circumstances — Declare that the partners will live together, and explain what gave rise to the parties’ desire to form the cohabitation agreement. Also, define the relationship’s evolution, pre-owned assets, or other relevant pre-cohabitation issues.
  
  
• The date — Declare the effective date of the cohabitation agreement, which offers a reference point when later examining, modifying, or enforcing the contract.
  
  
• The disclosure — Offer a complete and honest disclosure of property, debts, and finances in this section of the cohabitation agreement to facilitate transparency should real property or assets need to be divided in the future.
  
  
• Legal representation — Affirm whether each party sought independent legal advice during the drafting and execution of the agreement. Also, declare that the parties held the requisite competency to execute the contract, which supports the enforceability of the cohabitation agreement against potential undue influence or capacity claims.
  
  
• Property — Identify and list the assets owned by each party named in the cohabitation agreement, explaining how the couple will divide or retain said property in the event of contract termination or the death of a partner.
  
  
• Debt — Affirm whether the partners will pay debt obligations incurred during the relationship jointly or separately. This section can also express how the couple will resolve debt disputes when they arise.
  
  
• Children — If there are or may be children in the relationship, address child care and support matters, including post-breakup custody arrangements, visitation, and financial support matters. Most cohabitation agreement templates include comprehensive legal protections in this section to ensure that the terms will comply with state law.
  
  
• Support — If applicable, explain which partner will pay financial support (and how much) after a breakup. Also show how support will be calculated and how long the supporting party will need to pay the other. Couples can customize this section of the cohabitation agreement and substitute state alimony rules with comprehensive terms that expressly protect their financial interests.
  
  
• Other items — Additional sections commonly found in cohabitation agreements include:
  
  
  • Termination clause
  • Insurance provisions
  • Dispute resolution
  • Confidentiality clause
  • Governing law
  • Amendment and waiver
  • Severability
  • Entire agreement language

Some people prefer to maintain financial independence and, therefore, choose to protect their property before moving in with a partner. Cohabitation agreement forms help couples memorialize their pre-tenancy promises so there will be minimal confusion about what’s expected during and after the relationship.

The document states whether the partners will co-own property, share household expenses, or pay bills separately. Additionally, cohabitation agreements are especially beneficial for partners who own valuable real property or significant cash assets acquired before the relationship. Some partners wish to protect these assets from becoming the property of their cohabiting partner in the event of separation or death. 

Couples who plan to live together temporarily or decide not to share property and expenses during cohabitation usually will not draft a cohabitation agreement before moving in together. Additionally, the duties and protections in family law already cover legally married couples and people in common-law marriages. Thus, couples who fall into these categories may not need a separate cohabitation agreement to protect their interests.