Fill and Sign the Cohabitation and Nonmarital Agreement between Parties Living Together but Remaining Unmarried with Joint Purchase of Real Estate Form

Cohabitation and Nonmarital Agreement between Parties Living Together but Remaining Unmarried with Joint Purchase of Real Estate (One party has Child from Prior Relationship) Agreement made on       , between       (Date) (Name of First Party) of       , referred to herein as Party A; and (Street Address, City, County, State, Zip Code)       of       , (Name of Second Party) (Street Address, City, County, State, Zip Code) referred to herein as Party B. Whereas, the parties represent that neither of them is presently married, nor do either of them have any present intention of marrying; and Whereas, the parties presently contemplate and have expressed a desire to reside together for an indefinite period; and Whereas, in contemplation of residing together, the parties wish to enter into a written cohabitation Agreement in order to fix, limit and determine any rights, interests and claims that may accrue to each of them in the property and estate of the other as a result of their intended period of living together, and agree to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of any and all rights, interests, and claims that each might otherwise have and acquire under the law but for this Agreement; and Whereas, regardless of any legal obligation that may exist to do so, the parties have fully and completely disclosed the nature and approximate value of all of their presently existing assets, liabilities and income to each party's satisfaction on their respective schedules annexed to this Agreement; and Whereas, Party A has had the benefit of independent legal advice prior to the execution of this Agreement, namely, from       , of       , (Name of Attorney) (Name of City)       ; and (Name of State) Whereas, Party B has had the benefit of independent legal advice prior to the execution of this Agreement, namely, from       , of       , (Name of Attorney) (Name of City)       ; (Name of State) Now, therefore, for and in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: I. No Other Laws Apply. The parties intend that this Agreement shall supersede any and all legal rights that they might otherwise have with respect to each other under any present or Cohabitation and Nonmarital Agreement Page 1 of 8 future applicable court decision or statute that may tend to contravene the purpose of this Agreement. The parties specifically waive all legal rights that they might otherwise have with respect to each other under such statutes and decisions, except as expressly set forth in this Agreement. II. No “Common Law” Marriage Created. The parties do not intend by this Agreement to create any rights or obligations that might be akin to a common law marriage or other marriage- like relationship, whether that kind of relationship is recognized under the laws of       or any other jurisdiction. In fact, the parties, by this Agreement, (Name of State) specifically repudiate such rights or obligations. The parties specifically wish to at all times retain their unmarried and single status, and neither shall interfere with the other's chosen lifestyle, desires, hobbies, relationships with his or her family, friends and others, occupation, or general pursuit of individual happiness. III. Disclosure of Facts. Notwithstanding any rule of law that may require the same, the parties acknowledge that, to their mutual satisfaction, each has had the opportunity to ascertain, has been informed by a full and frank disclosure by the other of, and is fully acquainted with and aware of the approximate assets, liabilities, income and general financial circumstances of the other party; that each has ascertained and weighed all of the facts, conditions and circumstances likely to influence his or her judgment in all matters embodied in this Agreement; that each has given due consideration to all such matters and questions, and clearly understands and consents to all of the provisions contained in this Agreement; and that each has had the opportunity to have or has in fact had the benefit and advice of independent counsel of his or her own choice and is willing to accept the provisions of this Agreement in lieu of all other rights each may have. IV. Waiver of Rights to Separate Property. After the commencement of their intended period of living together, each party shall separately retain all rights in his or her own separate property now owned and in any other form which is traceable to such property, including any appreciation in the value of the separate property as a direct or indirect result of the contribution or efforts of either party or due to market factors, except as may be contained in this Agreement to the contrary and more fully set forth in Schedules       (designations of schedules) annexed to this Agreement (collectively, the property ). Each party shall have the absolute and unrestricted right to dispose of their separate property free from any claim that may be made by the other by reason of their intended living together, and with the same effect as if they had never lived together. Except as may be provided in this Agreement to the contrary, any property acquired exclusively by either party after the commencement of the intended period of living together, which has not been commingled with joint property, shall remain the sole property of the acquiring or titled party without any claim being made to the same by the other. The further effects of this Agreement are more specifically set forth and detailed in the following provisions. V. Release of Possible Rights. Except as may be contained in this Agreement to the contrary, each party does waive, release, and relinquish by this Agreement any and all claims and rights each may have ever had, presently has, or may in the future acquire, with respect to the Cohabitation and Nonmarital Agreement Page 2 of 8 property listed on the other party's schedule annexed to this Agreement, including any and all property that is traceable and acquired, in whole or in part, from the proceeds derived from the property and any appreciation or accretion in the value of the property attributable, directly or indirectly, to the efforts or contributions of either party, or due to economic or market factors. VI. Parties’ Understanding of Rights Waived. The parties intend that the disposition of the property referred to in this Agreement be deemed a disposition that would fully satisfy any claims either party may have against the other including, but not limited to, claims for palimony , support and maintenance of any kind, or any other such rights or entitlements. The fact that the parties may, from time to time, or all the time, expressly or implicitly, hold themselves out to others as married to each other shall have no bearing or effect upon the terms of this Agreement. Additional rights waived or fixed by this Agreement are more specifically set forth in detail in the following provisions. VII. Waiver of Support. Each party acknowledges and represents to the other that he or she is financially independent and self-sufficient. Neither party makes any representation or express or implied promise to provide at any time any form of support to the other. Any form of support provided by either party, for any purpose, for or on behalf of the other, shall be deemed purely voluntary and gratuitous, and each party represents that, in this event, no reliance shall be placed upon same in the way of any future expectation for other or additional support. To further reflect each party's understanding in this regard, each agrees to forever waive, release, and relinquish the other from any duty or obligation to support the other in any fashion or manner, and no claim or demand for such support shall be made now or in the future. VIII. Dedication of Income. The parties specifically make no delineation as to the precise use of their income during the period of their living together, except to state that it is their general intention to be equally responsible for joint living expenses. These expenses shall include the expenses relative to the home, together with food, liquor, entertainment, travel and the like. Neither party shall be entitled to reimbursement or compensation from the other party for the separate payment of any joint living expenses. For purposes of this provision, retirement income shall at no time be deemed income, but shall instead be deemed separate property. IX. Maintenance of Financial Accounts. With the possible exception of a joint checking account to pay joint living expenses, each party shall maintain his or her own separate financial, savings and checking accounts. Unless agreed to in writing to the contrary, should either party deposit earnings, income or other accumulations into any savings or checking account of the other party, such a deposit shall convert to the separate property of the other party. X. Joint Real Estate. The parties intend to jointly purchase real estate known as       (the premises ), or other premises as the parties (description of real property) may in the future decide to purchase. All real estate purchased jointly by the parties shall be held as tenants in common with no right of survivorship. Each party agrees to pay 50% of the purchase price, any purchase settlement costs, and all carrying costs to maintain the premises, including, but not limited to, property taxes, repairs, maintenance and association fees, homeowners insurance, and all utilities (e.g., cable television, gas and electricity). If either party Cohabitation and Nonmarital Agreement Page 3 of 8 gives a mortgage to secure purchase money financing, the mortgagor shall be solely responsible for the mortgage loan obtained. If both parties are requested by any lender to execute or guarantee a mortgage loan, the party actually requiring the loan shall nonetheless be solely responsible for the same and shall be permitted to claim all mortgage interest as a deduction on his or her tax returns. The parties agree that for so long as Party A owns at least two other parcels of real estate, Party A shall be permitted to claim all real estate taxes as a deduction on (his/her) income tax returns. At such time as Party A owns less than two parcels of real estate, the parties shall each claim as deductions on their respective income tax returns 50% of the real estate taxes paid in connection with the premises. XI. Improvements to Premises. Notwithstanding any provision contained in this Agreement to the contrary, any improvement that may be made to the premises, including, but not limited to, the installation of any fixtures (e.g., plumbing, electrical, etc.), renovations, repairs, installation of carpeting, curtains, draperies, blinds, air conditioning systems, burglar alarm systems, landscaping, additions or improvements, irrespective of the parties' financial contributions toward the same, shall become the parties' joint and equally owned property. XII. Boarder in Premises. Th e parties agree that neither shall permit any third party to reside with them without the other's express written consent. However, Party A agrees that Party B 's       ,       , shall be permitted to reside (son/daughter) (Name of Child) in the premises for periods of time and under financial arrangements to be agreed upon solely between Party B and             . (his/her) (son/daughter) XIII. Furniture, Furnishings and Other Jointly Acquired Property. The parties agree that all property that may be jointly acquired between them in the future, including, but not limited to, furniture and furnishings, shall be distributed between them in the event of the termination of their living together arrangement in proportion to each party's financial contribution to the acquisition of the property. Title to any such real property shall be held by the parties as tenants in common in accordance with each party's proportionate interest. To facilitate the distribution of all jointly acquired property, the parties agree to keep and retain all receipts or other evidence of purchase in this regard. All real and personal property that either party may acquire in the future in his or her individual name shall remain the separate property of the acquiring party. Each party agrees to defend, indemnify and hold the other party harmless from all debts, liabilities or other claims arising out of or in connection with the acquisition of separate property as described in this section. XIV. Property Received from Third Parties. Any real or personal property that either party has acquired or may acquire from a third party, by gift, inheritance, or other means, is and shall remain the separate property of the party acquiring the property. XV. Debts. All debts and current obligations set forth on Schedules       attached to this Agreement and incorporated by this (Designations of Schedules) reference are and shall remain the separate debts and obligations of the party indicated. Each party agrees to assume, pay and hold the other party harmless from all debts, obligations or Cohabitation and Nonmarital Agreement Page 4 of 8 liabilities (and any claims arising out of or in connection with any such debts, obligations, or liabilities) listed on Schedules       . Except as provided ( Designations of Schedules) elsewhere in this Agreement, any debts, obligations or liabilities incurred by the parties in connection with the purchase of real or personal property, or otherwise, shall be the separate debts, obligations or liabilities of the party responsible for incurring them, and neither party shall be liable for the payment of debts, obligations or liabilities of the other party except as expressly agreed in this Agreement or in a writing signed by both parties after the date of this Agreement. XVI. Nonoccurrence of Debt. The parties acknowledge and represent to each other that neither has incurred prior to this Agreement any debt, charge, obligation or liability for which the other party, his or her legal representatives or either party's property or estate is or may become liable, nor will either party incur such debt, charge, obligation or liability without first providing the other with reasonable notice of the same and obtaining the other's written consent. Each party agrees to defend, indemnify and hold the other harmless from any loss, expense (including reasonable attorney's fees) and damages if any claim is made upon the other arising out of or in connection with a breach by either party of the representations, warranties and covenants of this section. XVII. Credit Accounts. Each party agrees to obtain and use his or her own credit cards and neither shall make any credit purchases by using the credit or credit cards of the other party. Each party assumes full responsibility for and agrees to hold the other harmless from all debts, obligations or liabilities that he or she has incurred or that he or she might incur as a result of using his or her own or the other's credit. XVIII. Waiver of Right to Seek Compensation for Services. Each party waives any right to seek financial compensation for any companionship, homemaking or other services that either may provide to the other during the intended period of living together, or for which services or consortium either party may provide to the other at any time. XIX. Termination of Living Together. The parties' period of living together shall be terminated and the executory provisions of this Agreement implemented upon the happening of any of the following events: A. At least       days' prior written notice by either party of a desire to (number) terminate the living together arrangement (the notice shall be delivered via regular and certified mail); B. Either party's breach of any provision of this Agreement; or C. Either party's death. In the event of death, or if either party terminates the intended living together arrangement, the premises and any other jointly acquired property shall be distributed between the parties, or their respective estates, pursuant to the applicable provisions of this Agreement. Moreover, the Cohabitation and Nonmarital Agreement Page 5 of 8 premises shall be immediately listed for sale at a price to be determined by a real estate salesperson mutually agreed on, and at the closing the net proceeds (after payment of any existing mortgages on the mortgagor's 50% interest, realtor's commissions and reasonable closing costs and attorney's fees) shall be equally divided between the parties. In lieu of selling the premises, either party may purchase the other party's 50% interest in the premises, the fair market value of which premises shall be determined by a professional appraiser, the cost of whose services shall be borne by the party seeking to purchase the other's interest. XX. Property Rights upon Death. The parties do not intend by this Agreement to provide any legal, equitable or beneficial right to the other in the event of either party's death at any time, including during the period of their intended living together. However, either party is free to provide for the other upon death by way of a properly prepared and duly executed last will and testament. XXI. Waiver of Right to Inherit. Each party waives all rights to succeed to or inherit from the estate of the other except by a valid last will and testament duly executed by the other party subsequent to the date of this Agreement. Each party further waives the right to claim any family allowance, homestead rights (except as otherwise provided in this Agreement) or to act as an administrator or executor of the estate of the other party, unless the party is duly and properly nominated as administrator or named as executor in a last will and testament duly and properly executed by the other party subsequent to the date of this Agreement. XXII. Death of One Party during Period of Living Together. If one party predeceases the other during the intended period of living together, the surviving party shall have a period of no more than       days after the date of the decedent's death within which to either elect to (number) purchase the decedent's interest in the premises or sell such interest pursuant to Section XIX of this Agreement. During the entire period pending sale or other disposition of the decedent's interest in the premises, the surviving party shall be solely responsible for paying all carrying costs, inclusive, relating to the premises. XXIII. Disclosure of Assets, Liability, and Income; Waiver of Further Discovery. The parties acknowledge and represent to each other that they have made a full, fair and complete disclosure to the other as to the nature and approximate value of their assets, liabilities and income as presently constituted as per their respective schedules annexed to this Agreement, and each accepts the disclosures to his or her satisfaction. The parties represent and acknowledge that based upon such representations each freely, knowingly, voluntarily and without undue influence, coercion, fraud or duress waives further discovery relative to the nature and value of the other's assets, liabilities and income. XXIV. Attorneys’ Fees. The parties agree that in the event of any court proceeding concerning the terms of this Agreement each party shall pay and be responsible for paying his or her own attorney's fees and ancillary litigation costs incurred in connection with any such proceeding. XXV. Voluntary Execution. The parties acknowledge and represent that this Agreement has been executed by each of them free from persuasion, fraud, undue influence, or economic, Cohabitation and Nonmarital Agreement Page 6 of 8 physical or emotional duress of any kind asserted against him or her by the other party or any other person. XXVI. Independent Counsel. The parties acknowledge that each has procured and has been advised as to all aspects of this Agreement by independent counsel of his or her own choice or has had ample opportunity to procure the advice of counsel but has expressly waived that right. Each party is satisfied that he or she has freely negotiated the contents of this Agreement free from the persuasion or influence of the other party or any third party. XXVII. Agreement as Evidence. This Agreement shall be offered in evidence in any proceeding instituted by either of the parties in any court of competent jurisdiction in which a determination of the status of the parties' relationship is sought and shall, subject to the approval of the court, be incorporated in any order or judgment rendered in that action. XXVIII. Non-merger. Notwithstanding its incorporation into an order or judgment entered by a court of competent jurisdiction, the provisions of this Agreement shall not merge with, but shall survive such judgment in its entirety, except as may be invalidated by a court of competent jurisdiction. XXIX. Validity and Enforceability of Agreement. The parties further agree that this Agreement is valid and enforceable in any action that in the future may be commenced by either party that may require the use of this Agreement as evidence to demonstrate the parties' understanding of any issues addressed in this Agreement. XXX. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, all other provisions shall nonetheless continue in full force and effect, to the extent that the remaining provisions are fair, just and equitable. XXXI. Modification or Waiver. No modification or waiver of any term contained in this Agreement shall be valid unless in writing and executed by the parties to this Agreement. XXXII. Situs. The laws of       shall govern the validity, (Name of State) interpretation and enforceability of this Agreement. XXXIII. Necessary Documents. Each party shall, upon the request of the other, execute, acknowledge, and deliver all instruments appropriate or necessary to carry into effect the intentions and provisions of this Agreement. XXXIV. Entire Agreement. This Agreement contains the entire Agreement and understanding of the parties, and no other representations or promises have been made between them except as set forth in this Agreement. XXXV. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors and administrators. Cohabitation and Nonmarital Agreement Page 7 of 8 XXXVI. Understanding of English Language and Terms of Agreement. The parties represent and acknowledge that they can read, write, and understand the English language. By signing this Agreement, each acknowledges that he or she read the entire Agreement and clearly understands the Agreement. XXXVII. Effective Date of Agreement. This Agreement shall become effective on the date the parties are married. WITNESS our signatures as of the day and date first above stated. By: By: (Signature of Party A) (Signature of Party B)             (P rinted Name of Party A) (P rinted Name of Party B ) Acknowledgments Attach Schedules Cohabitation and Nonmarital Agreement Page 8 of 8