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Cohabitation Agreement template
Cohabitation Agreement sample

What is Cohabitation Agreement?

Cohabitation Agreement Defines rights and responsibilities in unmarried couples' relationships, covering property and support.

Sample template:


This Cohabitation Agreement (hereinafter referred to as the "Agreement") is entered into as of the ____ day of ______, 20__ (the "Effective Date") by and between Janice Parker (hereinafter referred to as "Party A") and John Johnson (hereinafter referred to as "Party B") (collectively, the "Parties"), both of whom are entering in an unmarried and cohabitating relationship.


WHEREAS, Party A and Party B have decided to live together in an unmarried and cohabitating relationship;

WHEREAS, both parties desire to define and protect their individual financial responsibilities, property rights, and respective interests during the course of their cohabitation;

WHEREAS, Party A and Party B acknowledge that they have read, understand, and agree to be bound by the terms and conditions of this Agreement as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:


2.1. Shared Expenses

Party A and Party B will maintain a joint bank account for the purpose of paying housing expenses, utilities, and other mutually agreed-upon shared expenses (the "Shared Expenses"). Each party will contribute an equal amount monthly to this joint account, or as otherwise agreed by the Parties in writing from time to time.

2.2. Separate Property and Income

Except as expressly provided in this Agreement, each party will keep separate property and income free from any claim of the other party, including but not limited to property acquired prior to cohabitation, inheritances, gifts, and income from employment or other sources.


3.1. Separate Property.

Property acquired by either Party A or Party B prior to the commencement of their cohabitation or after termination of cohabitation will remain the separate property of that party. Each party represents that they have disclosed all property and assets owned prior to entering this Agreement (the "Separate Property").

3.2. Joint Property.

Property acquired in joint names during the cohabitation, including the real property located at [address] (the "Joint Property"), will be held as tenants in common with each party owning an undivided fifty percent (50%) interest in said property. The Parties may also designate other property as Joint Property in writing.

3.3. Joint Property Management and Maintenance.

Both parties agree that they will consult with each other before making any major decisions affecting the Joint Property. The Parties are responsible for their proportionate share of the cost of maintaining, repairing, improving, or otherwise affecting the Joint Property, as described herein, or as otherwise agreed in writing from time to time.


4.1. Voluntary Termination.

In the event the Parties decide by mutual written agreement to terminate their cohabitation, they shall do so in accordance with the provisions of this Agreement.

4.2. Involuntary Termination.

In the event of the death of either Party A or Party B, or if their cohabitation relationship terminates involuntarily, the surviving party will have the option to buy out the deceased party's interest in Joint Property at its then fair market value, as determined solely by an independent appraiser chosen by both Parties or their legal representatives.

4.3. Distribution of Joint Property.

Upon termination of cohabitation, the Parties shall have thirty (30) days to reach an agreement regarding the disposition of the Joint Property, including selling the property and dividing the proceeds in accordance with their respective interests or by one party buying out the other party's interest at its then fair market value. If the Parties are unable to reach an agreement within this period, the Joint Property shall be sold and the proceeds divided in accordance with the Parties' respective interests.


Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by mediation. If a resolution cannot be achieved through mediation, the Parties agree to submit the matter to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration decision shall be final and binding among the Parties, and judgment on the award may be entered in any court having jurisdiction thereof.


This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the United States and the State of [State], without giving effect to the principles of conflicts of law thereof.


In the event that any provision of this Agreement shall be determined to be illegal, invalid, or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.


This Agreement, together with any schedules, exhibits, or written amendments hereto, constitutes the entire understanding of the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings, and agreements, whether oral or written. This Agreement may be amended only by a written document executed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Cohabitation Agreement as of the date and year first written above.

________________________ ________________________
Janice Parker (Party A) John Johnson (Party B)

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Common Sections of a Cohabitation Agreement

In this Cohabitation Agreement, you will see the following sections:

  1. Recitals
  2. Financial Arrangements and Responsibilities
  3. Property Rights
  4. Termination of Cohabitation
  5. Dispute Resolution
  6. Governing Law
  7. Severability
  8. Entire Agreement; Amendment

Analysis/Summary of each section

  1. Recitals : This section sets the stage for the agreement, explaining that the two parties are choosing to live together without being married and want to establish their financial and property rights during their cohabitation. It also states that both parties have read and understood the agreement.

  2. Financial Arrangements and Responsibilities : This section outlines how the couple will handle shared expenses, such as housing and utilities, by maintaining a joint bank account. It also states that each party's separate property and income will remain separate and not be subject to claims by the other party.

  3. Property Rights : This section clarifies that property acquired before or after cohabitation will remain separate, while property acquired jointly during cohabitation will be owned equally by both parties. It also outlines how the couple will manage and maintain joint property, including consulting each other on major decisions and sharing costs proportionately.

  4. Termination of Cohabitation : This section explains what happens if the couple decides to end their cohabitation, either voluntarily or involuntarily (e.g., due to death). It outlines options for buying out the other party's interest in joint property or selling the property and dividing the proceeds. It also sets a 30-day deadline for reaching an agreement on the disposition of joint property after cohabitation ends.

  5. Dispute Resolution : This section states that any disputes related to the agreement will first be addressed through mediation. If mediation fails, the parties agree to submit the matter to binding arbitration, with the decision being final and enforceable in court.

  6. Governing Law : This section specifies that the agreement will be governed by the laws of the United States and the state in which the couple resides, without regard to conflict of law principles.

  7. Severability : This section states that if any part of the agreement is found to be illegal, invalid, or unenforceable, that part will be removed, and the rest of the agreement will remain in effect.

  8. Entire Agreement; Amendment : This section clarifies that the agreement, along with any attached schedules or exhibits, represents the entire understanding between the parties and supersedes any previous agreements. It also states that the agreement can only be amended in writing and with the consent of both parties.

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