Cohabitation Agreement (Domestic Partners)

COHABITATION AGREEMENT

This Cohabitation Agreement ("Agreement") is entered into as of [__/__/____] ("Effective Date"), by and between:

Party A: [________________________________] ("Party A"), residing at [________________________________]

Party B: [________________________________] ("Party B"), residing at [________________________________]

Party A and Party B are collectively referred to as the "Parties."

RECITALS

WHEREAS, the Parties are not married to each other and do not intend this Agreement to create a marriage, common-law marriage, or domestic partnership registration (unless separately established under applicable state law);

WHEREAS, the Parties wish to establish their respective rights and obligations with respect to property, finances, and related matters during their cohabitation and in the event the relationship ends;

WHEREAS, each Party has fully and fairly disclosed their financial circumstances to the other and has had a reasonable opportunity to consult with independent legal counsel;

WHEREAS, this Agreement is entered into voluntarily, free from fraud, duress, undue influence, or misrepresentation;

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the Parties agree as follows:

SECTION 1 — DEFINITIONS

1.1 "Separate Property" means all real and personal property owned by a Party before the Effective Date or acquired by a Party during cohabitation by gift, inheritance, or as designated "Separate" in this Agreement or in a signed written amendment.

1.2 "Joint Property" means all real and personal property expressly designated as jointly owned by both Parties in writing, whether before or during cohabitation.

1.3 "Cohabitation Period" means the period during which the Parties share a primary residence.

1.4 "Separation" means the date on which both Parties intend to permanently end their cohabitation relationship, evidenced by one Party's departure from the shared residence or written notice of intent to separate.

SECTION 2 — SEPARATE PROPERTY

2.1 Pre-Relationship Property

All property owned by a Party before the Effective Date shall remain that Party's Separate Property. Schedule A (attached) lists Party A's pre-relationship assets. Schedule B (attached) lists Party B's pre-relationship assets.

2.2 Acquired During Cohabitation

Property acquired by a Party individually during the Cohabitation Period (other than Joint Property) shall be that Party's Separate Property unless the Parties expressly agree otherwise in writing.

2.3 Gifts and Inheritance

Property received by a Party during the Cohabitation Period by gift or inheritance shall remain that Party's Separate Property, even if received from the other Party, unless the gift is expressly designated as joint.

2.4 Separate Property Income and Appreciation

Unless otherwise agreed in writing:

☐ Income and appreciation from Separate Property remains Separate Property.

☐ Neither Party has a claim to the appreciation in value of the other Party's Separate Property.

SECTION 3 — JOINT PROPERTY

3.1 Designation

The following property is designated as Joint Property, held as ☐ tenants in common or ☐ joint tenants with right of survivorship:

[________________________________]

3.2 Division Upon Separation

Upon Separation, Joint Property shall be divided as follows:

☐ Equally (50/50) between the Parties

☐ In proportion to each Party's financial contribution toward the property

☐ As agreed in writing at the time of Separation

☐ Other: [________________________________]

If the Parties cannot agree on division of Joint Property, they agree to submit the dispute to ☐ mediation ☐ binding arbitration before commencing litigation.

SECTION 4 — SHARED RESIDENCE

4.1 Rental Residence

If the Parties rent their shared residence:

Lease Holder(s): ☐ Party A ☐ Party B ☐ Both Parties

Monthly Rent Contribution: Party A: $[____] / Party B: $[____]

Upon Separation, the Party whose name is not on the lease shall vacate within [____] days of notice, unless the lease is assigned or the Parties otherwise agree.

4.2 Owned Residence — One Party Owns

If the shared residence is owned by one Party as Separate Property:

Owning Party: ☐ Party A ☐ Party B

The non-owning Party shall pay monthly occupancy contribution of $[____], which shall be treated as:

☐ Rent (no ownership interest accrues to the non-owning Party)

☐ Credit toward a future buyout arrangement (specify terms): [________________________________]

Upon Separation, the non-owning Party shall vacate within [____] days of written request.

4.3 Owned Residence — Both Parties Own

If the shared residence is held as Joint Property:

☐ The Parties shall attempt to sell the property and divide proceeds per Section 3.2.

☐ One Party may buy out the other's interest at fair market value determined by a mutually agreed appraiser.

☐ Other: [________________________________]

SECTION 5 — FINANCES AND EXPENSES

5.1 Bank Accounts

☐ Each Party shall maintain separate bank accounts for their individual income and Separate Property funds.

☐ The Parties shall maintain a joint account for household expenses to which each Party contributes $[____] per month.

☐ Other arrangement: [________________________________]

5.2 Household Expenses

Shared household expenses (rent/mortgage, utilities, groceries, household supplies) shall be divided:

☐ Equally (50/50)

☐ In proportion to each Party's gross income

☐ As follows: [________________________________]

5.3 Individual Debts

Each Party shall be solely responsible for debts incurred in their own name before or during the Cohabitation Period, except debts jointly incurred or co-signed. No Party shall incur joint debt on behalf of both Parties without the other's written consent.

5.4 Joint Debts

Joint debts shall be the responsibility of both Parties. Upon Separation, the Parties shall use commercially reasonable efforts to remove each other from joint debt obligations.

SECTION 6 — SUPPORT AND COMPENSATION

6.1 No Spousal Support Obligation

The Parties agree that neither Party shall be obligated to pay support, alimony, or palimony to the other upon Separation or at any other time, except as follows (if any):

[________________________________]

6.2 Homemaker Contributions

☐ The Parties agree that homemaking contributions (cooking, cleaning, childcare, etc.) do not create a claim for compensation against the other Party's Separate Property.

☐ The Parties agree that homemaking contributions by one Party that enable the other to accumulate Separate Property shall be compensated as follows: [________________________________]

SECTION 7 — CHILDREN

☐ The Parties currently have no children together.

☐ The Parties have the following children: [________________________________]

Regardless of any provision in this Agreement, all matters relating to the custody, support, and welfare of any minor children of the Parties shall be governed by applicable state law and subject to court review in the best interests of the child(ren).

SECTION 8 — ESTATE PLANNING AND BENEFICIARY DESIGNATIONS

8.1 No Inheritance Rights

This Agreement does not create any right of inheritance. Neither Party shall inherit from the other's estate by intestacy or by operation of law unless named as a beneficiary in a valid will or trust.

8.2 Beneficiary Designations

Each Party is encouraged to review and update beneficiary designations on life insurance, retirement accounts, and pay-on-death accounts to reflect their intentions.

8.3 Medical and Financial Decisions

If a Party wishes to grant the other Party authority to make medical or financial decisions during incapacity, a separate Healthcare Power of Attorney and Financial Power of Attorney must be executed.

SECTION 9 — TERMINATION OF AGREEMENT

9.1 Events of Termination

This Agreement terminates upon:

☐ The legal marriage of the Parties to each other (a separate prenuptial agreement should be executed before marriage if desired)

☐ The written, signed mutual agreement of the Parties to terminate

☐ Death of either Party (subject to estate-planning documents)

9.2 Obligations Upon Separation

Upon Separation:

☐ The Parties shall promptly identify and divide Joint Property per Section 3.

☐ Each Party shall retrieve their Separate Property from the shared residence.

☐ Each Party shall cooperate in transferring title to property as warranted.

SECTION 10 — GENERAL PROVISIONS

10.1 Entire Agreement

This Agreement, together with attached Schedules, constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements, oral or written.

10.2 Amendments

This Agreement may be amended only by a written instrument signed by both Parties.

10.3 Governing Law

This Agreement shall be governed by the laws of the State of [________________________________], without regard to conflict-of-laws principles.

10.4 Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

10.5 Independent Legal Counsel

Each Party acknowledges that they have had the opportunity to consult with independent legal counsel of their choosing before signing this Agreement.

☐ Party A consulted with: [________________________________] (counsel name, if applicable)

☐ Party B consulted with: [________________________________] (counsel name, if applicable)

☐ Party [A / B] waives the right to independent counsel and acknowledges doing so voluntarily.

10.6 Dispute Resolution

Any dispute arising under this Agreement shall first be submitted to mediation before either Party may file a court action. If mediation fails, disputes shall be resolved in the courts of [________________________________] County, [________________________________].

SIGNATURES

IN WITNESS WHEREOF, the Parties execute this Agreement as of the date first written above.

PARTY A:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

PARTY B:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT (NOTARY)

State of [________________], County of [________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared [Party A Name] and [Party B Name], known to me (or proved on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same as their free and voluntary act.

Notary Public Signature: [________________________________]

My Commission Expires: [__/__/____]

[SEAL]

SCHEDULE A — PARTY A'S PRE-RELATIONSHIP SEPARATE PROPERTY

SCHEDULE B — PARTY B'S PRE-RELATIONSHIP SEPARATE PROPERTY

SOURCES AND REFERENCES

• Uniform Cohabitation Agreement Act (2023): https://www.uniformlaws.org/committees/community-home?CommunityKey=9f0f8abb-ef66-4aab-a7d2-f0c1e6424e05
• Marvin v. Marvin, 18 Cal.3d 660 (1976) — leading case recognizing cohabitation contracts under California law
• Restatement (Third) of Property: Wills and Other Donative Transfers § 6.3