How to Write a Cohabitation Agreement

When a couple chooses to live together without getting married, there are certain steps they should take to help protect their property. A cohabitation agreement is a legal document that covers individual responsibilities for household expenses, division of property in case of separation, and other agree-upon terms of your living-together arrangement.

A cohabitation agreement can be very useful to an unmarried couple and prevent potential disputes. In the eyes of the law, a couple who is unmarried is still seen as separate individuals who have little to no rights if the relationship ends. Therefore, a couple should consider a cohabitation agreement to protect their property rights in case of separation. Couples should be aware of certain issues regarding shared property to avoid future conflicts.

Here are a few tips for writing your own cohabitation agreement:

1. Check out sample cohabitation agreements. Looking at sample agreements online is a great way to get a general idea of what a cohabitation agreement looks like and includes.
2. Decide what you want to include in your agreement. You can create your agreement to cater to your exact needs. It can be simple, or it can go into great detail. For instance, you may want the agreement to only outline how rent and utilities are to be divided, or you can include a number of different issues. Here are some things commonly included in a cohabitation agreement that you may want to consider including in yours:
   1. Property accumulated during cohabitation. First of all, you my want to include how  property acquired by the couple during the cohabitation period is legally owned. You would want to determine if that property is owned by the individual who purchased it, or if it is owned jointly by the couple.
   2. Property acquired before cohabitation. You may want to decide what a cohabitant’s rights are in relation to property owned by the other cohabitant before the relationship began. In addition, think about property that may be acquired through inheritance.
   3. Household expenses. Couples can decide how and by whom expenses and bills should be paid.
   4. Separation or death. Determine how property or money should be divided or distributed in the event of separation or the death of one of the cohabitants.
   5. Dispute resolution. Couples may agree to resolve any dispute regarding the terms of the agreement in arbitration or mediation instead of in court.
3. Be sure to have both parties sign and receive their own copy. Oral or implied contracts can be upheld in court. However, having each party receive and sign their own copy ensure that the agreement will be binding no matter what.
4. Consider having the signatures notarized. Having the signatures notarized is not required by law, but having them notarized can be a good precaution to take, as it can prevent future conflicts about the validity of a person’s signature on the contract. A notary can ensure that the contract is legally enforceable. Notary publics verify the identity of someone who signs an agreement and attests to that party’s signature.