Free Cohabitation Agreement

A cohabitation agreement defines the living situation of an unmarried couple while also protecting each party’s individual assets and property.

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When two people decide to have a business venture together, they will form a partnership and sign a Partnership Agreement. When two people in a romantic relationship decide to take things to the next level and live together (but don’t wish to marry), it would also be a good idea to treat the joining of households as a sort of business partnership and sign a Cohabitation Agreement.

 

Although not the same as a marriage contract, the cohabitation agreement provides some stability to the relationship in the eyes of the law and may make renting or purchasing property easier for the couple. The agreement also protects each person’s assets if the joint living situation comes to an end.

Frequently Asked Questions

 

A cohabitation agreement is a legal document that defines the living situation of an unmarried couple while also protecting each party’s individual assets and property. 

 

 

A cohabitation agreement offers a degree of legal protection for both parties in the relationship, specifically any financial promises that were made in the relationship.

Cohabitation agreements can also be helpful in being approved for a home lease or purchase. At the same time, the agreement also protects each person’s own assets if the relationship ever ends.

Cohabitation Agreements are legally enforceable; in fact, many states consider them on the same level as a prenuptial agreement.

A cohabitation agreement plainly lays out the intentions of two parties who intend to live together but are not married and do not plan to marry. The document covers the following:

  • Martial Status: The cohabitation of the two individuals will not affect their marital status. Although certain states recognize common law marriage (a marriage created through cohabitation and representation), this agreement contains language specifically noting that a common law marriage is not the intended outcome of this arrangement.

  • Property: Separate assets, as well as any property owned by each partner, are listed on Schedules A and B attached to the agreement - despite living together, these assets continue to belong to the original owner and cannot be claimed by the other party unless gifted by the owner. Additionally, the income of each party will belong solely to the party that earned said income.

  • Liabilities: Schedules C and D list all the liabilities that the parties incurred prior to cohabitation. These liabilities belong solely to the parties that originally incurred the liability. Without an express intention to the contrary, the liability will not be discharged or enforceable against the property of the other party.

  • Children: The agreement states that if either party has children from another relationship, the other partner is not financially responsible for the child (unless the child is adopted by the partner). 

  • Living Expenses: The fifth article of the cohabitation agreement describes the allocation of living expenses. You may choose to establish a bank account from which living expenses will be paid.

 

Our propriety form generator will assist you in creating your customized Cohabitation Agreement within minutes. Answering the questions is not complicated – you only fill in the requested information and we will put it together for you.

Once you complete the questionnaire and place your order, it will be available for immediate download in either PDF or Word document from your secure online account including a step-by-step guide on how to use your document.   

 

To be legally enforceable, a cohabitation agreement must be signed in the presence of a notary public.