Cohabitation Agreement Template - Sixteen Points

How to Write a Cohabitation Agreement?

To create a nonmarital Cohabitation Agreement, you will want to include the following information:

1. An introductory sentence stating the date the agreement is signed and the full name of both people in the relationship.
2. A clause that describes the background of every party:
• Both parties agree to make note of prior ownership of any furniture or assets acquired by each party before cohabitating. This will help make the division of assets simpler should the couple chose to separate in the future;
• Both parties understand that since they are not wedded, they cannot seek retribution of assets through state or federal laws intended for married couples;
• Each party member comes to this agreement of their own free will and has not been coerced into the Cohabitation Agreement;
• Each party member has disclosed all assets from each side as well as any outstanding debts or other liabilities.
3. A clause regarding the division of property:
• All assets listed in this agreement (including assets acquired before cohabitation) will have one of the two parties listed as the owner and that both parties agree to the asset list;
• If future assets are purchased while cohabitating, both parties agree to list this property as shared assets;
• Should the parties separate due to the death of one party or dissolution of the relationship, all property that is equally owned will be split equally, unless the parties explicitly state exceptions to this rule;
• Gifts from one party to the other will not be counted in the division of property and cannot be rescinded by the original gift giver.
4. A clause regarding debts:
• Both parties recognize that any funds held by both parties will be counted as commingled funds;
• Any debts held by either party will be seen as separate from the other party and will remain separate throughout the lifetime of the debt;
• Any debts held by both parties will be seen as joint debt.
5. Should one party owe funds to the other party at the time of separation, both parties agree to make sure funds are made payable.
6. Nothing listed in the agreement will prevent either party from listing one another as beneficiaries of assets in the case of their death.
7. Each party agrees that should any part of the nonmarital Cohabitation Agreement be found to violate state or federal law, that part will either be amended or removed to meet the legal requirements.
8. When entering into this agreement, both parties recognize they entering into the agreement in good faith and all financial information is correct to the best of their knowledge and they agree to follow the rules detailed in the agreement.
9. Signature section, as well as sections for two witnesses to the signing.
10. A section where all property owned by each individual is listed, along with space for any joint property acquired.

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