Cohabitation Agreement

Cohabitation Agreement Between Parties Living Together but Remaining Unmarried

with Residence Owned by One of the Parties

Agreement made on the day of , 20 , between (Male Party) of and (Female Party) of

Whereas, the parties to this Agreement have been living together since at , and it is their intent to continue such living arrangement; and

Whereas, each of the parties is an unmarried adult and a resident of ; and

Whereas, (Male Party) is presently employed as with an annual salary of $ . He has an interest in a profit-sharing plan and a pension fund, all as more fully set forth in Schedule A, which is attached and incorporated in this Agreement by reference.

Whereas, (Female Party) is presently employed as with an annual salary of $ . She has an interest in a profit-sharing plan and a pension fund, all as more fully set forth in Schedule B, which is attached and incorporated in this Agreement by reference.

Whereas, each party has had the opportunity to review this Agreement with counsel of his or her own choice. has represented and has represented during the negotiation, drafting, review, and execution of this Agreement.

Whereas, the parties intend by this Agreement to define their financial and property rights with one another while living together; and

Whereas, the parties intend that this Agreement shall supersede any case and/or statutory law of defining the rights and duties of persons living together in an unmarried state; and

Whereas, the parties do not intend that any informal or common-law marriage shall arise by virtue of the parties cohabiting with one another;

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. Confirmation of Separate Property, Earnings and Debts

A. (Male Party) owns the real and personal property listed on Schedule A, which is attached to and incorporated in this Agreement by reference.

B. (Female Party) owns the real and personal property listed on Schedule B, which is attached to and incorporated in this Agreement by reference.

C. The parties agree that all of the items listed on Schedules A and B, together with any items inadvertently omitted, are and shall remain the separate property of the person who presently owns the property. Neither party acquires nor shall acquire any right, title, or interest in any of the property listed by the other party as his or her separate property. Neither party may acquire any interest in the property of the other that is set forth on Schedules unless the party does so by an instrument in writing signed by both parties subsequent to the date of this Agreement. Each party specifically waives any right, title, or interest that he or she may have in such property. Each party agrees to assume, and pay and hold the other party harmless from, all debts, liabilities, or claims arising out of or in connection with his or her separate property as described in this Agreement.

D. The parties presently reside at in a home that was purchased by on . Said home is hereafter referred to as Premises. The furniture and other furnishings of the Premises are also owned by , except those items of personal property that are owned by and which are listed on Schedule A as his separate property. It is agreed by the parties that except for 's personal property which is set forth on Schedule A, all furniture and furnishings and other personal property located in the Premises are 's separate property even though not all of those items have been individually listed on Schedule B.

E. All real and personal property which either party has acquired since the time he or she began living together or which may be acquired in the future, is and shall remain the separate property of the party who acquires the property. Each party agrees to assume, pay, and hold the other party harmless from, all debts, liabilities, or claims arising out of or in connection with the ownership or acquisition of separate property as described in this Paragraph.

F. All real and personal property described in this agreement as separate property shall remain the separate property of the party who owns or acquires the property notwithstanding any separate contributions made by the other party for the acquisition of the property or otherwise.

G. Any real or personal property which either party has acquired or may acquire by gift, inheritance, or other means is and shall remain the separate property of the party acquiring the property.

H. If the parties jointly acquire, by joint use of their separate funds, any real or personal property, their interest in any such property will be in proportion to each party's financial contribution to the acquisition of the property. Title to any such property shall be held by the parties as tenants in common in accordance with each party's proportionate interest.

I. The earnings, wages, and other compensation of each party received for personal services rendered by the party shall be and remain the separate property of the party performing such services.

J. Any investment or other income or monetary gain generated by the separate property of each of the parties shall remain the separate property of the party who owns the property.

K. Each party shall maintain his or her own savings and checking accounts. Should either party deposit earnings, income, or other accumulations into the savings or checking accounts of the other party, those earnings, income, or other accumulations shall become the separate property of the other party.

L. Any real or personal property acquired by the parties by joint purchase after the date of the execution of this Agreement shall be owned by them as tenants in common, each party holding an undivided one-half interest in the property. Joint purchase means the acquisition of real or personal property by equal or nearly equal monetary contributions of the parties. All purchases of real or personal property that are not joint purchases as defined in this Paragraph shall be the separate property and obligation of the party making the greater monetary contribution.

M. Notwithstanding any other provision of this Agreement, any real or personal property shall be the separate property of the party whose name appears on the deed, document of title, certificate of ownership, or other official document indicating ownership. If title on any such document indicates that the property is jointly owned by both parties, notwithstanding any other provision in this Agreement, the property shall be deemed to be jointly owned by the parties. Unless otherwise specified in the title document, any property that is jointly owned pursuant to this Paragraph shall be owned by the parties as tenants in common, each party holding an undivided one-half interest.

N. All debts and current obligations listed in Schedules A and B, attached and incorporated in this Agreement by reference, are and shall remain the separate debts and obligations of the party indicated in the Schedule. Each party agrees to assume, pay, and hold the other party harmless from, all debts, obligations, or liabilities (and any claims arising out of or in connection with any such debts, obligations, or liabilities) listed on the respective Schedules A and B. Except as specifically set forth in this Agreement, any debts, obligations, or liabilities incurred by the parties in the purchase of real or personal property, or otherwise, shall be the separate debts, obligations, or liabilities of the party responsible for or incurring same, and neither party shall be liable for the payment of the debts, obligations, or liabilities of the other party except as expressly agreed in this instrument or in a writing signed by both parties after the date of this Agreement.

O. Each party agrees to obtain and use his or her own credit cards. Neither party will make any credit purchases by using the credit or credit cards of the other party. Each party will assume, and pay and hold the other party harmless from, all debts, obligations, or liabilities which he or she has incurred or which he or she might incur as a result of using his or her, or each other's, own credit card.

II. Payment of Living Expenses

A. Each party agrees to pay one half of the parties' joint living expenses. Joint living expenses includes, but is not limited to, the monthly living expenses of the parties, such as the monthly mortgage payments on the residence at , the monthly electricity, gas, water, and telephone bills, and the monthly expenditures for food, liquor, and entertainment. Neither party will be entitled to reimbursement or compensation from the other party for the separate payment of any joint living expenses.

B. The parties shall establish a joint checking account in their names, as tenants in common, for the express purpose of paying the joint living expenses described in Paragraph A of this Section. Each party agrees to deposit into the joint checking account $ on or before , and an additional $ on the first day of each subsequent month.

C. It is agreed that by paying one half of the joint living expenses of the parties does not acquire any interest in or right to ownership of the Premises at .

D. All medical and dental expenses are and shall be the sole obligation of the person incurring the expense.

III. Waiver of Right to Support or Other Compensation

A. Each party waives the right to receive financial support or other assistance from the other party during the parties' cohabitation prior to or after execution of this Agreement, or on termination of the cohabitation of the parties, or at any subsequent time. If there are any children conceived or born to the parties while they live together, the parties agree to provide reasonable child support for any such children, the amount of which shall be determined between them, or, if necessary, by a court of competent jurisdiction or other tribunal.

B. Each party waives any right to financial compensation for any companionship, homemaking, or other services that he or she has provided the other party since the parties began living together, or that a party may provide the other party at any future time.

IV. Modification or Termination of Agreement

A. The parties agree that the terms of this Agreement may be modified only by a written agreement that makes express reference to this Agreement and which is entered into and executed by the parties after the date of this Agreement.

B. This Agreement may be terminated by either party if either party vacates the Premises occupied by the parties as their home for a period exceeding consecutive days. This Agreement may also be terminated by either party giving the other party days' written notice to that effect. If the parties are living at the Premises at the time of such notification, or at any other residence solely owned by , shall be required to vacate the premises within days following receipt of such notice. If the parties are living at any other residence solely owned by , shall be required to vacate the Premises within days following receipt of notice of termination of the Agreement by the other party.

C. This Agreement shall also be terminated by the marriage of the parties to each other, or their cohabitation with or marriage to any other party.

D. The parties agree that each may terminate this Agreement at any time with or without the consent of the other party.

E. Prior to the termination of this Agreement, all matters dealing with the property, earnings, and debts of the parties shall be governed by this Agreement. Following termination of this Agreement, the parties may agree to continue to abide by the terms of this Agreement concerning property, earnings, and debts, or may elect in a writing signed by both of the parties within days following termination of the Agreement to have such property, earnings, and debts divided according to each party's interest in the property under the terms of this Agreement. In the event of such an election, any debts incurred at or subsequent to the termination of this Agreement shall be the sole and separate obligation of the party incurring the debt. If the parties elect to have property divided, the property shall be divided in kind where feasible and if to do so would not create an economic hardship for either party. If the property cannot be divided in kind, it shall be divided by mutual agreement, assigning assets of equal or nearly equal value to each party, with an agreed cash payment to equalize the division. If there is no mutual agreement, the parties agree to be subject to binding arbitration as set forth in Section VI below. If property is to be sold, the proceeds of the sale shall be divided equally between the parties after deduction for all costs of sale. Any division of property or debts under this Paragraph shall not take into account any income or other tax liability of either party resulting from the division, whether under federal, state, or foreign law.

V. Miscellaneous Provisions

A. Each party waives all rights to succeed to or inherit from the estate of the other except by a valid will duly executed by the other party subsequent to the date of this Agreement. Each party further waives the right to claim any family allowance, to prove a homestead, or to act as an administrator or executor of the estate of the other party, unless the party is duly and properly nominated as an administrator or named as an executor in a will duly and properly executed by the other party subsequent to the date of this Agreement.

B. This Agreement contains the entire understanding of the parties relating to their rights and obligations, and is binding on the parties, their successors, assigns, heirs, executors, administrators, and personal representatives. Any prior oral or written agreements between the parties are merged into and superseded by this Agreement.

C. In the event of litigation to enforce any of the rights under this Agreement, each party will bear his or her own attorney fees and court costs.

D. The laws of will govern the interpretation and effect of this Agreement.

VI. 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.

VIII. Effective Date

This Agreement shall be effective as of , 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 relating to marital separation

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

(Attach Schedules)

Certification of Attorney for (Female Party)

I, , certify that I am a licensed attorney, admitted to practice law in ; I have consulted with , who is a party to the foregoing Agreement, and I have fully advised her of her property rights and of the legal significance of the foregoing Agreement; and has acknowledged her full and complete understanding of the legal consequences and of the terms and provisions of the foregoing Agreement and has freely and voluntarily executed the Agreement in my presence.

Certification of Attorney for (Male Party)

I, , certify that I am a licensed attorney, admitted to practice law in ; I have consulted with , who is a party to the foregoing Agreement, and I have fully advised him of his property rights and of the legal significance of the foregoing Agreement; and , who has acknowledged his full and complete understanding of the legal consequences and of the terms and provisions of the foregoing Agreement, has freely and voluntarily executed the Agreement in my presence.