By Jade Yeban, J.D. | Legally reviewed by Aisha Success, Esq. | Last reviewed September 29, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
In today's society, many couples choose to live together before or instead of getting married. Whether you're a married couple or an unmarried couple, it's essential to establish clear guidelines. These can protect your interests in jointly owned property, bank accounts, and other aspects of your shared life.
When a relationship ends, married couples have legal protections for property rights and financial obligations. But, unmarried couples may lack such protections, making it crucial to create a cohabitation agreement.
A cohabitation agreement is a legal document. It can help you customize the terms of your relationship and clarify each party's rights and responsibilities. By creating a cohabitation agreement, you can avoid potential disputes and uncertainties.
The cohabitation agreement should outline the division of property and financial obligations, establishing the fiduciary duty of each partner. This means that both parties have a legal and ethical obligation to act in each other's best interests on financial matters.
It must address joint accounts, joint debts, joint property, and any financial support if the relationship ends (“palimony"). Like a prenuptial agreement, a cohabitation agreement establishes financial expectations and protects individual assets. A cohabitation agreement can also address issues specific to same-sex couples, providing them with equal protection under the law.
One of the most significant benefits of a cohabitation agreement is its versatility. Couples can customize the document according to their specific needs and circumstances. For example, the agreement can address financial arrangements, such as how to share living expenses and how to handle joint debts. The agreement can also address how to treat savings and checking accounts. It can also cover property rights. This can include the division of jointly owned property, real estate, and personal property, in the event of a break-up.
To create a cohabitation agreement, you can start with a cohabitation agreement form or template, like the one below. This form offers a framework to guide you through the process so that you cover important aspects and legal requirements. It's important to include the effective date, which specifies when the agreement goes into effect, and the date of this agreement, which indicates when you signed the document.
The following form is for illustrative purposes only. You and your attorney can use this sample as a guide to draft a cohabitation agreement that protects your interests and complies with the laws 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:
|
|||
| 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: | $_______________ | $_______________ | |
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. |
|||
____________________________________ |
______________________________ |
||
| Witnessed by: | |||
____________________________________ |
______________________________ |
||
| [NOTARY PUBLIC MAY AFFIX STAMP HERE] | |||
You should name the executors, or the people responsible for carrying out the terms of the agreement. Also, it's crucial to state that both parties have disclosed all relevant information honestly and in good faith. Include a severability clause to ensure that if any part of the agreement is unenforceable, the remaining portions will be valid. You and your attorney may want to consider adding such a clause.
A cohabitation agreement is a legal document and you should execute it with the same seriousness as any legal contract. Both partners should carefully review the agreement with the help of legal counsel. Lawyers can tell you about your legal rights and applicable governing law. They can also help cohabiting couples with legal forms and execution of this agreement. Attorneys will provide valuable legal advice to help you finalize your cohabitation agreement.
The above cohabitation agreement template should be a starting point. While a simple cohabitation agreement might be enough to protect your interests, professional help can benefit anyone.
An attorney can help draft an agreement that conforms with local laws and addresses the potential liabilities that arise in cohabitation. Don't rely on a free cohabitation agreement to protect your legal rights and responsibilities. It's always best to get legal advice from a professional.
Contact an experienced family law attorney for some peace of mind before you sign.
Was this helpful?
Contact a qualified family law attorney to make sure your rights are protected.
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.