This is a sample cohabitation agreement also known as a living together agreement. The agreement is used by two parties who live together but are not married and wish to have a written agreement regarding their rights and duties to each other. The sample can be modified for use in ANY State and in various situations. The sample on which this preview is based is 12 pages and includes lists of property and financial obligations and notary acknowledgments.
1. COHABITATION AGREEMENT
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This Cohabitation Agreement (“Agreement”) is made this ______________ day of
__________ between:
First Party:
FULL NAME: ________________________________ currently residing in the City of
_______________, State of ________________.
and
Second Party:
FULL NAME: ________________________________ currently residing in the City of
_______________, State of ________________.
RECITALS
______________and _____________ (the “Parties”) declare that they are not married to
each other, but are living together, and by this Agreement intend to protect each other’s rights
pertaining to future services rendered, accumulated property and furnishings, and other matters
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2. that may be contained here. It is the express intention of the Parties as set forth herein that the
consent of either Party to cohabit sexually with the other is not consideration, either in whole or
in part, for the making of this Agreement. It is the further express intention of the parties as
set forth herein that the general purpose of this Agreement is that the earnings, accumulations
and property of each Party shall be the separate property of the person who earns or acquires said
property, and shall not be deemed community property, joint property, common law property, or
otherwise giving the non-earning or non-acquiring Party an interest in same.
The Parties recognize the possibility of unhappy differences that may arise between them.
Accordingly, the Parties desire that the distribution of any property that either or both of them
may own will be governed by the terms of this Agreement and, insofar as the statutory or case
law permits, intend that any statutes that may apply to them, either by virtue of Federal or State
legislation, will not apply to them.
It is agreed that should either or both of the Parties to this Agreement represent to the
public, in whatever manner, that they are husband and wife, that said representation shall be for
social convenience only, and shall in no way imply that sexual services are a consideration for
any part of this Agreement, nor shall it imply that sexual cohabitation is taking place.
It is agreed that whatever household, homemaking, or other domestic work and services
that either Party may contribute to the other or to their common domicile shall be voluntary, free,
and without compensation, and each Party agrees that work of this nature is done without
expectation of monetary or other reward from the other Party.
The Parties state that neither is under any duress or undue influence of the other, and that
they are voluntarily entering into this Agreement.
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3. The parties acknowledge that __________has a dependent child from a previous
relationship, namely: _______________ born ___________.
The parties acknowledge that they have a child from their relationship together, namely:
_____________, born __________.
NOTE: If either of the two above paragraphs do not apply,
erase that paragraph.
The Parties have disclosed to the satisfaction of each other all assets and obligations that
each may have. This is evidenced in the lists of property and financial obligations attached to this
document as exhibits “A” and “B” and incorporated herein by reference.
Even though the Parties are cohabiting under the same roof and may give the appearance
of being married, or from time to time represent to the public that they are husband and wife,
they do not intend by such acts to acquire the status of “common law” marriage, and expressly
state that this is not an Agreement to marry, that they are not now married, and that they
understand they are not married to each other during the terms of this Agreement.
The Parties therefore agree as follows:
1. PROPERTY:
1.1 The separate property owned by each Party at the execution of this Agreement,
however and whenever acquired, will be owned and managed solely by such Party at all times
and will remain the separate property of such Party after the execution of this Agreement, with
no claim by the other Party upon separation or otherwise.
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4. 1.2 The Parties further hereby acknowledge that with respect to any determination of
ownership of property that may occur in the event of the Parties separating, or upon the death of
a Party, all property will be treated as separate property owned solely by one Party unless there is
proof of shared legal ownership.
To view the sample document on which this preview is based
visit: http://www.scribd.com/doc/138491026/Sample-Cohabitation-
Agreement
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