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Sample Cohabitation Agreement

The following form is intended for illustrative purposes only. You and your attorney can use this sample as a guide in drafting a cohabitation agreement that best protects your interests and complies with the laws in effect where you live.

________________________________________, 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 Expenses Cohabitant No. 1 Cohabitant 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. 2

Witnessed by:

____________________________________
(Witness or counsel signature)

______________________________
(Witness or counsel signature)

[NOTARY PUBLIC MAY AFFIX STAMP HERE]
Next Steps
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