Cohabitation Agreement
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Cohabitation Agreement

Cohabitation Agreement

This cohabitation agreement is between , an individual (""), and , an individual ("").

The parties intend to live in a nonmarital relationship and cohabitate in a common household.  They have lived together since .

The parties wish to enter into this agreement to provide for the status, ownership, and division of property between them, including future property owned or acquired by either or both of them.

The parties have no children together. The parties are the parents of , born in , ., and , born  in .  and , born in , .  and , born in , .

The parties have disclosed to each other the nature and extent of their assets, liabilities, and net worth as of the effective date described in section 1615151514141413 below (the "Effective Date").

The parties therefore agree as follows:

1. PROPERTY.

  • (a) Separate Property. All real or personal property owned by either party as of the Effective Date, except for jointly owned property listed in Schedule B, including any future income that property produces, will remain the separate property of its owner as listed in Schedule A1 and Schedule A2. This separate property cannot be transferred to the other party unless that transfer is effectuated in writing. Any property currently owned by either party that has been inadvertently omitted from Schedule A1 and Schedule A2 is and will remain the separate property of the party who owns it.
  • (b) Income. All earned income received by either party after the Effective Date and all property purchased with that income belongs in equal shares to the parties., except as follows: .All earned income received by either party after the Effective Date and all property and investments purchased with that income belongs absolutely to the party who earned that income, unless there is a written joint ownership agreement as provided in this agreement.
  • (c) Gifts. Any property acquired by one party as a gift of the other party or of any third party is the absolute property of the party receiving the gift, unless the property is explicitly documented as being owned by both parties.
  • (d) Inheritance. Any property acquired by one party through inheritance belongs absolutely to the party receiving that inheritance, unless the property is explicitly documented as being owned by both parties.
  • (e) Winnings. Any property acquired by one party as winnings from any sport, game, or lottery shall belong absolutely to the party receiving such winnings, unless the property is explicitly documented as being owned by both parties.
  • (f) Awards and Settlements. Any property received by one party as an award or settlement from a lawsuit shall be the absolute property of the party awarded or receiving by settlement such property, unless the property is explicitly documented as being owned by both parties.
  • (g) Insurance Proceeds. Any proceeds received by one party from an insurance policy shall remain the absolute property of the party receiving such proceeds, unless the property is explicitly documented as being owned by both parties.
  • (h) Shared Property. The property listed in Schedule B remains the property of both parties.
  • (i) Separation. If the parties separate, or on the death of either party, any jointly acquired or held property will be deemed to be owned equally with each party entitled to 50% of the net equity of the property, regardless of the initial or ongoing proportion of each party's investmentin accordance with the proportion of each party's investment.
  • (j) Household Expenses. Expenses for routine household items and services, including groceries, utilities, rent, and cleaning supplies, shall be shared equally.shared in proportion to each party's contribution to total household income.divided as follows: shall pay % of such expenses and  shall pay % of such expenses.
  • (k) Exchanges Between Parties. Nothing in this agreement prevents or invalidates any gift, or transfer for value, from one party to the other of present or future property. Gifts or transfers must be evidenced in writing signed by both parties.

2. DEBTS.

  • (a) Separate Debts. All debts owed by either party as of the Effective Date of this agreement  with the exception of any jointly held debts as listed in Schedule C, are and will remain the sole responsibility of the party and the other party will have no financial obligations with respect to paying back the debts.
  • (b) Debts from Separate Property. Each party shall assume, and pay and hold the other party harmless from, all debts, liabilities, or claims arising out of his or her separate property as described in this agreement.
  • (c) Separation. If the parties separate, the parties shall be financially responsible for any jointly acquired or held debts in accordance with the initial or ongoing proportion of each party's borrowed amount.each party shall be financially responsible for 50% of any jointly acquired or jointly held debts, regardless of the initial or ongoing proportion of each party's borrowed amount.

3. CHILDREN.

  • (a) Names of Children. The parties hereby acknowledge that they are the biological parents of , born  in , ., and , born  in , .  and , born  in , .  and , born  in , .The parties further state that they have welcomed , and   and   and   into their home and that it is their intention and belief that , born  in , ., and , born  in , .  and , born  in , .  and , born  in , isare fully legitimate for all purposes, including the right to inherit from and through both parents.
  • (b) Obligation of Support. The parties further acknowledge their duty to properly raise and adequately support , born  in , ., and , born  in , .  and , born  in , .  and , born  in , and that in the event of a separation, any rights and obligations of the parties regarding child support, custody, and access will be governed by applicable federal laws and the laws of .
  • (c) Best Interests of the Children. The parties recognize the authority of the court to determine what arrangements are in the best interest of the children, and understand that court orders may affect the arrangement of the parties as stated in this agreement.

4. PETS.3. PETS.

If the parties separate,  shall retain ownership or guardianship of the following pets/companion animals:   and   and   and .If the parties separate, they will retain joint ownership or guardianship of the following pets/companion animals (collectively, the "Pets"):   and   and   and , according to the following schedule: . All expenses incurred for the care of the Pets shall be provided for as follows: .If the parties separate, the following pet ownership or guardianship arrangements will occur:

  • (a)  shall retain ownership or guardianship of   and   and ; and
  • (b)  shall retain ownership or guardianship of   and   and .

5.4.4.3. ESTATES AND TESTAMENTARY DISPOSITION.

  • (a) No Restrictions on Disposition. Each party may dispose of his or her estate by will without leaving any portion to the other party, or to the heirs, executors, administrators, or assigns of the other party.
  • (b) Named Beneficiary. Nothing in this agreement invalidates or prevents either party from naming the other as a beneficiary by will or other testamentary disposition.
  • (c) Waiver of Inheritance Rights. Each party hereby releases the other party from all rights that each may acquire as spouse or surviving spouse in the property, assets, or estate of the other party.

6. ADDITIONAL TERMS.5. ADDITIONAL TERMS.5. ADDITIONAL TERMS.4. ADDITIONAL TERMS.

The parties hereby agree to the following additional terms: .

7.6.6.6.5.5.5.4. REPRESENTATIONS.

The parties each hereby represent:

  • (a) he or she is unmarried;
  • (b) neither has ever been married to the other party, and there is no marital or quasi-marital relationship, whether by statute, common law, or marriage to the other, between them;
  • (c) neither is under any duress or undue influence of the other party, and each is voluntarily entering into this agreement;
  • (d) each has had the opportunity to consult with an attorney before signing this agreement; and
  • (e) he or she has not entered into any separate understanding or agreement, whether express, implied in fact, or implied in law, relating to his or her respective property,residential, and contractual rights and obligations, and that all of those rights and obligations are set forth in this agreement.

8.7.7.7.6.6.6.5. TERMINATION.

This agreement may be terminated:

  • (a) By either party on provision of days' written notice to the other party, with or without cause; or
  • (b) automatically, if there is a marriage of the parties or a domestic partnership registration subjecting the parties to the marriage laws of any state.

9.8.8**.**8.7.7.7.6. GOVERNING LAW.

  • (a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
  • (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

10.9.9.9.8.8.8.7. AMENDMENTS.

No amendment to this agreement will be effective unless it is in writing and signed by a party.

11.10.10.10.9.9.9.8. COUNTERPARTS; ELECTRONIC SIGNATURES.

  • (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12.11.11.11.10.10.10.9. SEVERABILITY.

Whenever possible, each provision of this agreement will be interpreted in a manner as to be effective and valid under applicable law, but if any provision of this agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this agreement will be reformed, construed, and enforced in such jurisdiction as if that invalid, illegal, or unenforceable provisions had never been contained in this agreement.

13.12.12.12.11.11.11.10. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

14.13.13.13.12.12.12.11. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

15.14.14.14.13.13.13.12. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

16.15.15.15.14.14.14.13. EFFECTIVENESS.

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

17.16.16.16.15.15.15.14. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

[SIGNATURE PAGE FOLLOWS]



Each party is signing this agreement on the date stated opposite that party's signature.


Date: ________________________ By: __________________________________________________
Name:  
Date: ________________________ By: __________________________________________________
Name:  

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SCHEDULE A1
Separate Property of  

All of  's separate property, including the following items, shall remain  's separate property, including any profits, dividends, or interest income inuring from that property. 

(a) .
(b) .
(c) .
(d) .
(e) .
(f) .
(g) .
(h) .
(i) .
(j) .
(k) .
(l) .
(m) .
(n) .
(o) .
(p) .
(q) .
(r) .
(s) .
(t) .

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SCHEDULE A2
Separate Property of  

All of 's separate property, including the following items, shall remain 's separate property, including any profits, dividends, or interest income inuring from that property. 

(a) .
(b) .
(c) .
(d) .
(e) .
(f) .
(g) .
(h) .
(i) .
(j) .
(k) .
(l) .
(m) .
(n) .
(o) .
(p) .
(q) .
(r) .
(s) .
(t) .

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SCHEDULE B
Joint Property
None.(a) .
(b) .
(c) .
(d) .
(e) .
(f) .
(g) .
(h) .
(i) .
(j) .
(k) .
(l) .
(m) .
(n) .
(o) .
(p) .
(q) .
(r) .
(s) .
(t) .

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SCHEDULE C
Joint Debts

None.

(a) .
(b) .
(c) .
(d) .
(e) .
(f) .
(g) .
(h) .
(i) .
(j) .
(k) .
(l) .
(m) .
(n) .
(o) .
(p) .
(q) .
(r) .
(s) .
(t) .

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