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 __________________________________________
_______________________________________ (street address, city, county, state, zip code),
and ___________________________________ (Female Party) of _______________________
_____________________________________________________________ (street address, city,
county, state, zip code).
Whereas, the parties to this Agreement have been living together since _____________
(date) , at __________________________________________________ (street address, city,
county, state, zip code), and it is their intent to continue such living arrangement; and
Whereas, each of the parties is an unmarried adult and a resident of (state); and
Whereas, ________________________________ (Male Party) is presently employed as
_______________________________ (occupation) 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
__________________________________ (occupation) 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. ________________________________________ (Name of attorney) has
represented _____________________________________ (Male Party) and ________________
___________________________ (Name of attorney) has represented _____________________
_____________________________ (Female Party) 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 _____________________________ (state) 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 _______________________________________
_____________________________________ (street address, city, county, state, zip code) in a
home that was purchased by ________________________________________ ( Purchaser) on
_________________________ (date) . 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
(Male Party) personal property which is set forth on Schedule A, all furniture and furnishings
and other personal property located in the Premises are _______________________________ ’s
(Female Party) 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 ______________________________________
__________________ (address), 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 ________________ (date), 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 ____________________________________________________
_____________________________________ (street address, city, county, state, zip code).
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 _________ (e.g., 30)
consecutive days. This Agreement may also be terminated by either party giving the other party ____________ (e.g., 30) 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 ____________ (e.g., 30) 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 __________ (e.g., 30) 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 _____________ (e.g., 10) 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 ___________________________________ (state) 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 ________________ (date), 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 ___________________________________ (state) relating to marital separation
WITNESS our signatures as of the day and date first above stated.
___________________________________ ______________________________
Male Party Female Party
(Attach Schedules) Certification of Attorney for ______________________________ (Female Party)
I, ________________________________ (name of attorney) , certify that I am a licensed
attorney, admitted to practice law in ________________________________ (state) ; I have
consulted with __________________________________ , (Female Party) 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 ________________________________ (Female
Party) 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. _____________________________
(Signature of Attorney)
Certification of Attorney for ___________________________________ (Male Party)
I, ________________________________ (name of attorney) , certify that I am a licensed
attorney, admitted to practice law in ____________________________ (state) ; I have consulted
with _____________________________________ (Male Party), 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 ________________________________ (Male Party), 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. _____________________________________
(Signature of Attorney)