Cohabitation Agreement Template, Free Download 2026

This Cohabitation Agreement ("Agreement") is entered into by and between the individuals identified on the signature page hereto (each a "Partner" and collectively the "Partners"), who intend to reside together in an intimate, non-marital relationship at the address specified on the signature page (the "Shared Residence"). Each Partner represents that he or she is of legal age, is not currently married to any other person, and enters into this Agreement voluntarily and with full legal capacity.

The Partners acknowledge that this Agreement is a legally binding contract governing their respective property rights, financial obligations, and expectations during the period of cohabitation and in the event of separation. This Agreement is not intended to create a common-law marriage, domestic partnership, or civil union, nor shall it be construed to confer any marital rights upon either Partner under any state or federal law.

The purpose of this Agreement is to define the Partners' respective rights and obligations with respect to property, finances, and cohabitation so as to avoid disputes and misunderstandings. The Partners intend that this Agreement shall control the division of all property and the allocation of all obligations in the event of separation, superseding any claims that might otherwise arise under equitable principles, constructive trust, resulting trust, unjust enrichment, or quantum meruit theories.

The Partners expressly acknowledge that unmarried cohabitants do not have the same legal rights as married persons under most state laws and that this Agreement is intended to provide contractual protections in lieu of statutory protections. Each Partner has been advised to consult with independent legal counsel regarding his or her rights and the enforceability of this Agreement under the laws of the applicable jurisdiction.

All property owned by either Partner prior to the commencement of cohabitation, including but not limited to real estate, vehicles, bank accounts, investment accounts, retirement accounts, personal property, and intellectual property, shall remain the separate property of that Partner. Exhibit A lists the separate property of each Partner as of the date of this Agreement, and each Partner acknowledges the accuracy of the other Partner's separate property schedule.

All property acquired by a Partner during cohabitation through gift, inheritance, or bequest from a third party shall be and remain the separate property of the receiving Partner. Any appreciation, income, dividends, or proceeds derived from a Partner's separate property shall remain the separate property of that Partner, even if such appreciation is attributable in part to the efforts or contributions of the other Partner, unless the Partners agree otherwise in a signed written amendment.

The commingling of separate property with joint property shall not convert the commingled separate property into joint property, provided that the contributing Partner maintains adequate records to trace his or her separate property contribution. Each Partner shall bear the burden of tracing and proving the separate character of any disputed asset.

Property acquired jointly by the Partners during cohabitation using joint funds or through joint effort shall be owned as tenants in common in proportion to each Partner's respective financial contribution, unless the Partners expressly agree in writing to hold such property in equal shares. All jointly acquired property shall be listed in Exhibit B, which shall be updated as necessary by written amendment.

Neither Partner shall sell, encumber, transfer, or dispose of any jointly owned property without the prior written consent of the other Partner. In the event of a dispute regarding the disposition of joint property, the Partners shall follow the dispute resolution procedures set forth in this Agreement. Upon separation, jointly owned property shall be divided in accordance with the Property Division Upon Separation article.

Household expenses, including rent or mortgage payments, utilities, insurance, groceries, and maintenance of the Shared Residence, shall be shared between the Partners in the proportions specified in Exhibit C. Each Partner shall deposit his or her proportionate share of anticipated monthly household expenses into a joint account designated for household expenditures by the first day of each month.

Personal expenses, including personal clothing, individual transportation costs, individual insurance premiums, personal debt service, and individual entertainment, shall be the sole responsibility of the incurring Partner. Neither Partner shall incur any debt or financial obligation on behalf of, or in the name of, the other Partner without the other Partner's prior written consent.

Any household expense exceeding the threshold specified in Exhibit C shall require the prior written agreement of both Partners before being incurred. Emergency repairs necessary to protect the health, safety, or structural integrity of the Shared Residence may be authorized by either Partner without prior consent, provided the other Partner is notified within twenty-four (24) hours.

Upon the permanent separation of the Partners, each Partner shall retain his or her separate property as identified in Exhibit A and as supplemented during the term of cohabitation. Jointly owned property shall be divided in proportion to each Partner's documented financial contribution. If the Partners cannot agree on the value of any joint asset, they shall retain a mutually agreed-upon independent appraiser at shared cost.

The Partner who is not the owner or leaseholder of the Shared Residence shall vacate the premises within thirty (30) days of written notice of separation from either Partner, unless the Partners agree to a different timeframe. If both Partners are co-owners or co-lessees, the Partners shall negotiate in good faith regarding the disposition of the lease or property, including a buyout by one Partner or a sale to a third party.

Each Partner shall remove his or her personal belongings from the Shared Residence within thirty (30) days of vacating. Any personal property not removed within sixty (60) days of separation shall be deemed abandoned and may be disposed of by the remaining Partner without liability. Neither Partner shall destroy, conceal, or remove the other Partner's property during or after the separation process.

Each Partner shall be solely responsible for all debts incurred individually before or during cohabitation, including but not limited to student loans, credit card debt, automobile loans, and personal loans. Neither Partner assumes any liability for the other Partner's individual debts by virtue of this Agreement or the cohabitation relationship.

Any debts incurred jointly by the Partners, including joint credit accounts and co-signed obligations, shall be allocated upon separation in proportion to each Partner's respective benefit from the underlying expenditure. If the Partners cannot agree on the allocation of a joint debt, the matter shall be submitted to mediation as provided in the Dispute Resolution article.

Each Partner expressly waives and relinquishes any and all claims for palimony, support, maintenance, or any similar relief against the other Partner upon separation or termination of the cohabitation relationship. The Partners acknowledge that this waiver is a material inducement to the other Partner's execution of this Agreement and is made with full understanding that no court is likely to award palimony in the absence of an express contract to pay it.

This waiver of palimony and support claims shall survive the termination of this Agreement and the separation of the Partners. Nothing in this article shall be construed to waive or release any claim by either Partner for the recovery of his or her documented separate property or proportionate share of jointly owned property as provided in this Agreement.

Any dispute arising under or relating to this Agreement shall first be submitted to mediation before a neutral mediator mutually selected by the Partners. The cost of mediation shall be divided equally. If mediation does not resolve the dispute within thirty (30) days of the initial mediation session, either Partner may initiate binding arbitration before a single arbitrator under the rules of the American Arbitration Association.

The arbitrator shall apply the substantive law of the state in which the Shared Residence is located and shall issue a written decision within sixty (60) days of the conclusion of the arbitration hearing. The arbitrator's decision shall be final and binding, and judgment may be entered on the award in any court of competent jurisdiction. Each Partner shall bear his or her own attorney's fees unless the arbitrator determines that one Partner's position was frivolous or taken in bad faith.

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Shared Residence is located, without regard to conflict-of-laws principles. This Agreement shall remain in effect for the duration of the Partners' cohabitation and shall survive separation to the extent necessary to effectuate the property division, debt allocation, and dispute resolution provisions contained herein.

This Agreement constitutes the entire agreement between the Partners with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. This Agreement may be amended only by a written instrument signed by both Partners. If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Each Partner represents and warrants that he or she has made a complete and accurate disclosure of his or her financial condition, including all assets, liabilities, and income, as set forth in the financial schedules annexed hereto. Each Partner acknowledges having had the opportunity to consult with independent legal counsel and enters into this Agreement with full knowledge of the nature, extent, and value of his or her rights.