Cohabiting Agreements Template for United States

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Cohabiting Agreements

"I need a Cohabiting Agreement for my partner and me as we're moving in together in March 2025; we both own separate properties but will be living in mine, and we need to clearly outline how we'll split household expenses and maintain separate ownership of our respective properties."

What is a Cohabiting Agreements?

Cohabiting Agreements have become increasingly important in the United States as more couples choose to live together without marriage. These agreements serve as essential legal documents that protect both parties' interests and establish clear guidelines for their living arrangement. The document is particularly crucial given that unmarried couples lack many of the automatic legal protections afforded to married couples under state laws. A well-drafted Cohabitation Agreement addresses property ownership, financial responsibilities, living arrangements, and potential separation scenarios, while ensuring compliance with state-specific contract laws. It's recommended for any unmarried couples planning to live together or already cohabiting, especially those with significant assets, shared property, or complex financial arrangements. The agreement can be customized to address specific circumstances while maintaining its enforceability under applicable state jurisdictions.

What sections should be included in a Cohabiting Agreements?

1. Parties: Identifies and provides full details of both parties entering into the agreement

2. Background: States the parties' intention to live together and the purpose of creating this agreement

3. Definitions: Defines key terms used throughout the agreement

4. Living Arrangements: Details of the shared residence, including ownership or rental arrangements

5. Financial Arrangements: Outlines how regular expenses, utilities, and household costs will be shared

6. Property Rights: Defines ownership of existing property and how future property acquisitions will be handled

7. Joint Purchases: Establishes how joint purchases will be managed and owned

8. Separation Provisions: Details the process and arrangements if the parties decide to separate

9. Dispute Resolution: Specifies methods for resolving any disputes that may arise

10. Governing Law: Specifies the state law governing the agreement

11. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect

12. Entire Agreement: Confirms this document represents the complete agreement between parties

13. Execution: Signature section with date and witness provisions

What sections are optional to include in a Cohabiting Agreements?

1. Children: Includes arrangements regarding existing or future children (used when parties have or plan to have children)

2. Pets: Arrangements for pet ownership and care (used when parties have or plan to have pets)

3. Business Interests: Provisions regarding shared business interests (used when parties have joint business ventures)

4. Death Provisions: Arrangements in case of death of either party (used when parties want to include estate planning elements)

5. Healthcare Decisions: Provisions for medical decision-making authority (used when parties want to grant each other healthcare proxy rights)

6. Debt Management: Handling of existing debts and future debt acquisition (used when parties have significant debt or specific debt concerns)

7. Property Maintenance: Specific arrangements for property maintenance and improvements (used when parties own property together)

8. Insurance Arrangements: Provisions regarding life, health, or property insurance (used when parties want to specify insurance obligations)

What schedules should be included in a Cohabiting Agreements?

1. Schedule A - Property Inventory: Detailed list of each party's separate property brought into the cohabitation

2. Schedule B - Financial Disclosure: Current financial status of each party including assets and liabilities

3. Schedule C - Household Expenses: Detailed breakdown of shared household expenses and contribution ratios

4. Schedule D - Joint Assets: List of jointly owned assets and agreed-upon ownership percentages

5. Appendix 1 - Utility Accounts: List of utility accounts and responsible parties

6. Appendix 2 - Emergency Contacts: List of emergency contacts and important medical information

7. Appendix 3 - Pet Information: Details about pets including veterinary information and care instructions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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