Sample Cohabitation Agreement

The following form is intended for illustrative purposes only.  Your attorney can help you ensure it complies with the laws in effect where you live. This is just a sample intended to guide you and your attorney in drafting a cohabitation agreement that best protects your interest.

________________________________________, Cohabitant No. 1, and ____________________________________, Cohabitant No. 2, hereinafter jointly referred to as the Cohabitants, who now live /will live together in the future (circle one) at __________________________, in the city of __________________, county of ________________, state of ______________, hereby agree on this _____ day of ______________, in the year ______, as follows:

1. The Cohabitants wish to establish their respective rights and responsibilities regarding each other’s income and property and the income and property that may be acquired, either separately or together, during the period of cohabitation.
2. The Cohabitants have made a full and complete disclosure to each other of all of their financial assets and liabilities.
3. Except as otherwise provided below, the Cohabitants waive the following rights:
   1. To share in each other’s estates upon their death.
   2. To “palimony” or other forms of support or maintenance, both temporary and permanent.
   3. To share in the increase in value during the period of cohabitation of the separate property of the parties.
   4. To share in the pension, profit sharing, or other retirement accounts of the other.
   5. To the division of the separate property of the parties, whether currently held or hereafter acquired.
   6. To any other claims based on the period of cohabitation of the parties.
   7. To claim the existence of a common-law marriage.
4. [SET FORTH RELEVANT EXCEPTIONS HERE. For instance, if both cohabitants are contributing to the debt repayment on the home owned by one party, they may agree that any increase in equity during the period of cohabitation will be fairly divided between them.]
5. The Cohabitants agree to divide the household expenses as follows:

Monthly ExpensesCohabitant No. 1Cohabitant No. 2 Rent or Mortgage$_________$__________ Utilities:  Telephone$_________$__________ Gas$_______________$_______________ Electricity$_______________$_______________ Water & Sewer$_______________$________________ Garbage Collection$_______________$_______________ Cable Television$_______________$_______________ Cellular Phone$_______________$_______________ Internet Service$_______________$_______________ Property Taxes$_______________$_______________ Insurance:  Homeowners/Renters$_______________$_______________ Auto(s)$_______________$_______________ Recreational Vehicle$_______________$_______________ Debt Payments:  Vehicle #1$_______________$_______________ Vehicle #2$_______________$_______________ Home Equity Loan$_______________$_______________ Other Loans$_______________$_______________ Credit Card #1$_______________$_______________ Credit Card #2$_______________$_______________ Credit Card #3$_______________$_______________ Day Care$_______________$_______________ Transportation Expenses:  Gasoline$_______________$_______________ Parking/Commuting$_______________$_______________ Vehicle Maintenance$_______________$_______________ Licenses$_______________$_______________ Food:  Groceries$_______________$_______________ Take-out Food$_______________$_______________ Restaurants$_______________$_______________ School Lunches$_______________$_______________ Household Expenses:  Cleaning Supplies$_______________$_______________ Cleaning Service$_______________$_______________ Yard Maintenance$_______________$_______________ Home Maintenance$_______________$_______________ Home Security$_______________$_______________ Home Improvements$_______________$_______________ Home Furnishings$_______________$_______________ Appliances$_______________$_______________ Personal Expenses:  Entertainment$_______________$_______________ Travel$_______________$_______________ Gifts$_______________$_______________ Hobbies$_______________$_______________ Babysitting$_______________$_______________ Pet-care Costs$_______________$_______________ Donations$_______________$_______________ Other Expenses$_______________$_______________  $_______________$_______________  $_______________$_______________  $_______________$_______________ TOTAL EXPENSES:$_______________$_______________

1. [ADDITIONAL PROVISIONS HERE. These can cover just about any issue, from custody of pets to allocating household chores. The legal obligation to pay child support to any children of the Cohabitants cannot, however, be modified by agreement of the parties.]
2. Each Cohabitant is represented by separate and independent legal counsel of his or her own choosing.
3. The Cohabitants have separate income and assets to independently provide for their own respective financial needs.
4. This agreement constitutes the entire agreement of the parties and may be modified only in a writing executed by both Cohabitants.
5. In the event it is determined that a provision of this agreement is invalid because it is contrary to applicable law, that provision is deemed separable from the rest of the agreement, such that the remainder of the agreement remains valid and enforceable.
6. This agreement is made in accordance with the laws of the state of _________________, and any dispute regarding its enforcement will be resolved by reference to the laws of that state.
7. This agreement will become null and void upon the legal marriage of the Cohabitants.

I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS IMPLICATIONS, I FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS, AND I VOLUNTARILY SUBMIT TO ITS EXECUTION.

____________________________________
Cohabitant No. 1______________________________
Cohabitant No. 2Witnessed by:____________________________________
(Witness or counsel signature)______________________________
(Witness or counsel signature)[NOTARY PUBLIC MAY AFFIX STAMP HERE]

– See more at: Family Law: Sample Cohabitation Agreement. Findlaw