Cohabitation and Nonmarital Agreement

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

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

of , 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 , ; and

Whereas, Party B has had the benefit of independent legal advice prior to the execution of this Agreement, namely, from , of , ;

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 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, specifically repudiate such rights or obligations.

III. Disclosure of Facts. The parties acknowledge that each has had the opportunity to ascertain and is aware of the approximate assets, liabilities, income and general financial circumstances of the other party, and that each has had the opportunity to have the benefit and advice of independent counsel.

IV. Waiver of Rights to Separate Property. Each party shall separately retain all rights in his or her own separate property now owned and in any other form traceable to such property, except as may be contained in this Agreement to the contrary and more fully set forth in Schedules annexed to this Agreement.

V. Release of Possible Rights. Each party does waive, release, and relinquish any and all claims and rights each may have with respect to the property listed on the other party's schedule annexed to this Agreement, including property traceable to the proceeds derived from such property.

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 claims for palimony, support and maintenance of any kind.

VII. Waiver of Support. Neither party makes any representation or express or implied promise to provide any form of support to the other. Each party agrees to forever waive, release, and relinquish the other from any duty or obligation to support the other in any fashion or manner.

VIII. Dedication of Income. The parties intend to be equally responsible for joint living expenses, including home, food, liquor, entertainment, travel and the like.

IX. Maintenance of Financial Accounts. Each party shall maintain his or her own separate financial, savings and checking accounts, except that a joint checking account may be used to pay joint living expenses.

X. Joint Real Estate. The parties intend to jointly purchase real estate known as (the premises), or other premises as the parties 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.

XI. Improvements to Premises. Any improvement made to the premises, including fixtures, renovations, repairs, carpeting, curtains, draperies, blinds, air conditioning systems, burglar alarm systems, landscaping, additions or improvements, shall become the parties' joint and equally owned property.

XII. Boarder in Premises. The 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 in the premises under financial arrangements to be agreed upon solely between Party B and .

XIII. Furniture, Furnishings and Other Jointly Acquired Property. All property that may be jointly acquired between them in the future shall be distributed in proportion to each party's financial contribution to the acquisition of the property. All real and personal property acquired in individual names shall remain separate property.

XIV. Property Received from Third Parties. Any real or personal property acquired 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 shall remain the separate debts and obligations of the party indicated.

XVI. Nonoccurrence of Debt. Neither has incurred prior to this Agreement any debt, charge, obligation or liability for which the other party or either party's property or estate is or may become liable.

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.

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.

XIX. Termination of Living Together. The parties' period of living together shall be terminated upon any of the following events:

A. At least days' prior written notice by either party of a desire to terminate the living together arrangement;

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.

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.

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.

XXII. Death of One Party during Period of Living Together. If one party predeceases the other, 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 purchase the decedent's interest in the premises or sell such interest.

XXIII. Disclosure of Assets, Liability, and Income; Waiver of Further Discovery. The parties acknowledge that they have made a full, fair and complete disclosure of the nature and approximate value of their assets, liabilities and income as presently constituted, and each accepts the disclosures to his or her satisfaction.

XXIV. Attorneys’ Fees. 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.

XXV. Voluntary Execution. The parties acknowledge that this Agreement has been executed free from persuasion, fraud, undue influence, or economic, physical or emotional duress of any kind.

XXVI. Independent Counsel. Each party has procured and has been advised by independent counsel of his or her own choice or has waived that right.

XXVII. Agreement as Evidence. This Agreement shall be offered in evidence in any proceeding concerning the status of the parties' relationship.

XXVIII. Non-merger. The provisions of this Agreement shall not merge with any judgment, 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. This Agreement is valid and enforceable in any action that may be commenced in the future to demonstrate the parties' understanding of the issues addressed herein.

XXX. Severability. If any provision is held invalid or unenforceable, all other provisions shall continue in full force and effect.

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.

XXXII. Situs. The laws of shall govern the validity, interpretation and enforceability of this Agreement.

XXXIII. Necessary Documents. Each party shall, upon request of the other, execute, acknowledge, and deliver all instruments necessary to carry into effect this Agreement.

XXXIV. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties.

XXXV. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors and administrators.

XXXVI. Understanding of English Language and Terms of Agreement. The parties represent and acknowledge that they can read, write, and understand the English language and clearly understand 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.

Acknowledgments

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