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Cohabitation Agreement

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Domestic Partnership Cohabitation Agreement

Agreement made on , between of , referred to herein as Party A; and

of , referred to herein as Party B.

Whereas, the parties are domestic partners who desire to live together in a relationship in which Party A financially supports Party B, and Party B renders services to Party A as a companion, housekeeper, homemaker and cook; and

Whereas, the parties desire to combine their efforts and earnings and share equally the property accumulated through their individual or combined efforts;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

I. Sharing of Earnings, Services and Property.

A. Party A shall use best efforts through 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. Party B shall render services to Party A 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 IV.

II. Support. Party A shall provide for all of Party B’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 VII. Each party waives and disclaims any right to support from the other party after the termination of this Agreement.

III. 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 , which are incorporated into this Agreement by reference.

IV. Ownership of Jointly Owned Property. Except for the separately-owned property listed in Exhibit(s) to this Agreement, the parties shall hold all property, including all property acquired during the period of their cohabitation under this Agreement, equally as . Both parties shall have equal management and control of the jointly-owned property.

V. Sharing Increase in Value of Residence. Party A presently holds sole title to the real property described as , located at , , as more specifically described in Exhibit . This property of Party A will remain Party A’s sole and separate property. However, the parties shall share equally 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, Party B will be entitled to receive share in the increase in the value of this property, within a reasonable time. The parties agree that the present value of this real property is $ .

VI. 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: .

VII. 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 or cohabitation of either party with a third person, or

C. On the permanent separation of the parties, as defined in Paragraph VIII.

VIII. 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 , after one party has notified the other in writing that intends to cease cohabitation with that party.

IX. 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. In addition, Party B shall be entitled to share in the increase in value of the real property described in Paragraph V.

X. Representation by Independent Counsel. Each party hereby acknowledges that has been represented by independent counsel in the negotiation of this Agreement, that the counsel representing each party was of own choosing, and that the Agreement has been read by the parties and its meaning and legal consequences have been explained to them by such counsel.

XI. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

XII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

XIII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

XIV. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

XV. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XVI. Entire Agreement. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XVII. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XVIII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

XIX. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.

By:

By:

Acknowledgments

Attach Exhibits

Enter text✕

What a Cohabitation Agreement Is and What It Covers

A Cohabitation Agreement is a private contract between two adults who live together but are not married. It records each party's rights and obligations regarding shared and separate property, financial contributions, debt allocation, and household expenses. The agreement can address ownership of real estate, division of personal property, responsibility for bills, support arrangements, and procedures for ending the relationship. Parties typically include identifying information, effective date, governing law, and signature blocks. Properly drafted, it clarifies expectations, reduces disputes, and helps enforce obligations under state contract law.

Why a Cohabitation Agreement Can Matter

A Cohabitation Agreement provides legal clarity on property, finances, and responsibilities for unmarried partners. It can protect separate assets, define contribution expectations, and reduce litigation risk by documenting agreed terms and dispute-resolution methods under applicable state law.

Why a Cohabitation Agreement Can Matter

Who Commonly Uses a Cohabitation Agreement

Typical users include unmarried couples, domestic partners, and cohabitants planning shared finances, property ownership, or future separation terms.

  • Long-term partners who want to clarify asset ownership and expense sharing.
  • Couples purchasing property together to define title, contributions, and exit terms.
  • Individuals with separate debts or inheritances seeking to protect separate property.

Agreements should be tailored to each household's circumstances and updated after major life events such as property purchases, inheritance, children, or significant changes in income.

Representative Parties and Typical Situations

Unmarried Homebuyers

Couples buying a house together use a Cohabitation Agreement to specify title ownership, mortgage contributions, division of proceeds on sale, and responsibility for repairs. The agreement helps prevent disputes about whose investment is protected and clarifies steps if the relationship ends.

Separate-Asset Partners

Individuals entering cohabitation while retaining premarital assets, inheritances, or business interests use the agreement to enumerate separate property, allocate income from shared expenses, and establish procedures for valuation and reimbursement if contributions change or relationship terminates.

Core Sections to Include in a Professional Agreement

A professional Cohabitation Agreement is organized into clear sections covering identity, property rights, financial obligations, duration, and dispute-resolution mechanisms to reduce ambiguity.

Parties

Identify each party by full legal name, date of birth, and current address. State each party's marital status and include government ID references where relevant for identity verification and future enforcement.

Property

Describe separate and joint property, real estate titles, and procedures for transferring or reimbursing ownership interests. Attach schedules and deeds as exhibits to avoid later ambiguity about assets.

Financial Contributions

Specify who pays mortgage or rent, utilities, insurance, and major repairs; record contribution amounts or percentages and rules for reimbursement when unequal investments occur.

Debts & Liabilities

Allocate responsibility for existing and future debts, including joint credit accounts and medical bills. State indemnity obligations and payment timelines to minimize creditor disputes.

Duration & Termination

Set an effective date, conditions triggering termination, notice periods, and procedures for dividing assets and liabilities upon separation, sale, or death of a party.

Dispute Resolution

Include negotiation and mediation steps, jurisdiction and governing law, whether arbitration is binding, and attorney fee provisions for enforcement actions.

Key Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Complete timestamped event log with IP address
HIPAA Support: BAA available for protected health information
Standards: SOC 2 Type II; ISO 27001 certified
Authentication: Email, SMS, KBA, and SSO options
Access Controls: Role-based permissions and activity reporting

Step-by-Step: Complete and Execute the Agreement

Follow these steps to complete and execute a Cohabitation Agreement accurately, ensuring clear obligations, signatures, and required authentication.

  • 01
    Gather Information: Collect IDs, asset lists, and financial documents.
  • 02
    Draft Terms: Define property, contributions, and exit procedures.
  • 03
    Legal Review: Have counsel review for state-specific compliance.
  • 04
    Sign & Notarize: Sign in presence of required witnesses or notary.

Execution Workflow for Digital Completion

A typical execution flow uses upload, field placement, signer routing, and final archiving with audit trail for enforceability and recordkeeping.

  • Upload Document: Start by uploading the agreement PDF or DOCX.
  • Place Fields: Add signature, date, and initial fields where needed.
  • Assign Signers: Enter signer emails and set signing order.
  • Complete Audit Trail: Preserve timestamps, IPs, and completion certificate.

Online Workflow Settings to Configure

Configure the online workflow to require identity checks, signature fields, optional witness blocks, and document retention settings.

Field Configuration
Signature Field Required; date-stamp enabled
Witness Block Optional; set witness count by state
Notary Acknowledgment Include notary block when required
Authentication Email + SMS code or KBA options
Retention Policy Set retention per document lifecycle

Technical Requirements for eSigning and Storage

Use an eSignature platform that supports PDF/DOCX, audit trails, authentication, and optional notary integrations for enforceable execution.

  • Formats Supported: PDF, DOCX, HTML compatibility
  • Integrations: Google Workspace, Microsoft 365, Salesforce
  • Authentication Options: Email, SMS, KBA, SSO

Consequences of Drafting or Execution Errors

Unenforceable Terms: Illegal or unconscionable clauses void
Name Mismatches: Different legal names may invalidate
Lack of Consideration: No consideration can undermine contract
Missing Signatures: Unsigned agreement is typically unenforceable
Improper Notarization: Failure to follow state rules risks challenge
Tax Treatment Risk: Asset transfers may trigger tax reporting

Common Drafting and Execution Pitfalls

  • Failing to distinguish separate versus joint property clearly leads to disputes about ownership and financial responsibility when the relationship ends.
  • Using vague language about 'contributions' or 'reasonable share' invites interpretation disputes and may leave courts to impose equitable remedies.
  • Delaying execution until after significant joint purchases can leave parties without protections and complicate retroactive claims for reimbursement.
  • Not updating the agreement after children, inheritance, or major purchases creates inconsistencies with current circumstances and enforcement difficulties.

Practical Tips to Improve Enforceability and Clarity

Adopt clear drafting, authentication, and updating practices to reduce risk and improve enforceability.

Define Terms Precisely
Use defined terms for assets, contributions, and events that trigger termination. Precise definitions reduce ambiguity, limit conflicting interpretations, and make enforcement by a court or arbitrator more straightforward.
Document Financial Contributions
Keep contemporaneous records of payments and contributions referenced in the agreement. Detailed records support reimbursement claims and clarify whether payments change ownership interests.
Obtain Legal Review
Have independent counsel review the agreement when significant assets or debts are involved. Counsel can ensure state-specific formalities are satisfied and minimize arguments of undue influence or unconscionability.
Use Proper Authentication
Execute signatures in the presence of required witnesses or a notary where state law or future recording requires it. For remote signings, verify RON acceptance in the governing jurisdiction.

Timing and Practical Deadlines to Consider

While there is no universal filing deadline, timely execution and updates avoid avoidable legal and tax complications.

When to Sign:

Sign before major joint purchases or co-ownership arrangements.

When to Update:

Review after marriage, children, inheritance, or big asset changes.

Recording Timing:

Record deeds promptly when ownership changes to protect title interests.

Tax Reporting:

Consider tax-year implications for transfers or reimbursements.

Notary Scheduling:

Arrange notarization per state rules before final execution.

eSignature Vendor Comparison Relevant to Cohabitation Agreements

Compare common eSignature vendor pricing and key capabilities that affect signing, notarization support, and HIPAA or audit-trail needs for a Cohabitation Agreement.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Cohabitation Agreements

Answers to common execution and enforceability questions for Cohabitation Agreements, including e-signature and notarization concerns.


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