A cohabitation agreement is intended for use by non-married couples who are living
together or who have chosen to live together. This agreement provides for the sharing
of living expenses, the division of joint property upon termination of the relationship; and
the retention of separate property acquired prior to, and after, the execution of this
agreement. This agreement regulates the cohabitants' property rights and what
arrangements might be made for mutual financial support, dealing with debt, caring for
children, etc. A written cohabitation agreement can help ensure that the cohabitants are
aware of what is expected of them and further helps in the event of a dispute and can
assist the mediators, counsel or arbitrators in arriving at important decisions.
This Cohabitation Agreement (“Agreement”) made this __________________ day of
________________________________________________ (the "First Party") and
________________________________________________ (“Second Party")
individually referred to as “Cohabitant” and jointly referred to as “Cohabitants”.
A. WHEREAS the Cohabitants are presently residing [or intend to live together]
with each other at ________________________________________[
Address]______________________, have been doing so since _______________[ Year
of cohabitation]__________ and intend to continue living together in this arrangement;
B. WHEREAS, the Cohabitants wish to establish their respective rights and
responsibilities regarding each other's income and property and the income and property
that may be acquired, either separately or together, during the period of cohabitation;
C. WHEREAS the Cohabitants each acknowledge that they enter into this
Agreement voluntarily, without any duress or undue influence, and that each has had the
opportunity to seek independent legal and financial advice.
THE COHABITANTS HEREBY AGREE:
1. No Marriage under Common Law. It is hereby agreed that cohabitation of the
Cohabitants shall in no way render the Cohabitants married, by operation of common law
or any other operation of law.
2. Financial Disclosure. Each Cohabitant warrants to the other that such Cohabitant has
made full and complete disclosure to the other of all financial assets and liabilities. Each
party has attached a balance sheet to this Agreement referred to as Exhibit D, indicating
his/her current assets and liabilities with the understanding that this balance sheet reflects
his/her current financial status to the best of his/her ability.
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3. Division of Expenses. Cohabitants agree that all each of them will contribute toward
necessary living expenses in the following manner:
The First Party shall contribute _____________ percent (____ %) per month;
The Second Party shall contribute _____________ percent (____ %) per month.
OR (Alternative provision)
Cohabitants hereby agree to divide their contribution for necessary household expenses
in accordance to the Schedule 1 (“Expenses Contribution”) attached to this Agreement.
4. No Claim on Income. Further, Cohabitants agree