Key Takeaways - A cohabitation agreement is a legally enforceable contract that protects unmarried partners who share a home, finances, or property. - Unlike married couples, cohabiting partners have no automatic legal rights, a written agreement fills that gap. - A standard cohabitation agreement covers property ownership, shared expenses, inheritance rights, responsibility for debt, and what happens upon separation. - Both partners must sign the agreement in front of a notary public for it to be considered enforceable in most states. - 360 Legal Forms provides a free, attorney-vetted cohabitation agreement form that is customizable and downloadable as a PDF or Word document.
What Is a Cohabitation Agreement?
A cohabitation agreement, sometimes called a living together agreement or non-marital agreement, is a written contract between two people who share a home outside of marriage. It outlines financial duties, property rights, and arrangements in case the relationship ends or a partner dies.
According to the Pew Research Center, 59% of U.S. adults ages 18 to 44 have lived with an unmarried partner. Without a formal legal cohabitation agreement, those partners have no automatic rights to shared property, inheritance, or financial support upon the relationship's end.
Good to know: A cohabitation agreement is not the same as a prenuptial agreement. A prenuptial agreement applies to couples who plan to marry. A cohabitation agreement is specifically designed for partners who choose to live together without marriage.
Start your free cohabitation agreement online at 360 Legal Forms →
Other Names for a Cohabitation Agreement
Depending on your state, a cohabitation agreement may also be called:
- Living Together Agreement
- Non-Marital Agreement
- Cohabitation Contract Agreement
- Common-Law Partner Agreement
- Non-Nuptial Agreement
- Cohabitation Agreement for Unmarried Partners
Who Needs a Free Cohabitation Agreement?
Any unmarried couple sharing a home, finances, or property can benefit from a legal cohabitation agreement. It is especially useful for partners who:
- Own or plan to purchase property together
- Share significant debts or financial obligations
- Have children from previous relationships
- Want to define inheritance rights without getting married
- Live in a state that does not recognize common-law marriage
A free printable cohabitation agreement is also useful for same-sex couples, domestic partners, and anyone in a long-term committed relationship who wants financial clarity and legal protection.
What Does a Cohabitation Agreement Include?
A well-drafted cohabitation agreement form should cover these key areas. Missing any of them can reduce its enforceability.
How to Fill Out a Cohabitation Agreement
Step 1 — Identify Both Partners
Record each partner's full legal name, address, and contact information. This establishes who the agreement legally binds.
Step 2 — Disclose All Assets and Debts
Both partners must fully disclose their earnings, property, and debts. Incomplete disclosure is one of the most common reasons for challenging cohabitation agreements in court.
Step 3 — Define Property and Expense Arrangements
List all separate and jointly owned property. Specify how shared living expenses such as rent, utilities, and groceries will be divided.
Step 4 — Include Inheritance and Separation Terms
State whether each partner has inheritance rights if the other dies. Describe what happens to shared property and finances if the relationship ends.
Step 5 — Sign Before a Notary Public
Both partners must sign the completed cohabitation agreement in front of a notary public. Notarization is required in some states for the document to be considered enforceable. Check your state's requirements before finalizing.
How to Create a Cohabitation Agreement with 360 Legal Forms
Creating a legal cohabitation agreement online with 360 Legal Forms takes only a few minutes. Answer our guided questionnaire, and the platform builds an attorney-vetted cohabitation agreement customized for your state. Download it instantly as a Word or PDF file from your secure account.
What Information Will I Need?
To complete your free cohabitation agreement form, have the following ready:
- Full legal names and addresses of both partners
- Effective date of the agreement
- Description of separate and joint property
- Details of shared expenses and how they are divided
- Any children either partner has from previous relationships
- Inheritance and death clause preferences
- Marriage clause preference
- Both partners' signatures (before a notary public)
Cohabitation Agreement Terms
- Cohabitation: Living together as a couple without legal marriage.
- Amendment: A formal change made to an existing cohabitation agreement.
- Prenuptial Agreement: A contract signed before marriage covering asset protection. Distinct from a cohabitation agreement, which applies to unmarried partners.
- Common-Law: Unwritten legal rules based on court precedents rather than statutes.
- Power of Attorney: An authorization for one person to act on another's behalf in legal or financial matters.
- Cohabitation Clause: A clause in a divorce decree stating that spousal support ends if a former spouse begins cohabiting with a new partner.
Signing Requirements
Both partners must sign the cohabitation agreement in front of a notary public for it to be enforceable in most states. Neither partner should sign under pressure. Having the agreement reviewed by an experienced attorney before signing is advisable when large assets or complex financial situations are involved. Always check your state's requirements, as rules vary.
What to Do With Your Cohabitation Agreement
Once signed and notarized, your cohabitation agreement does not need to be filed with any government authority. Each partner should keep a copy in a secure location. Review and update the agreement if your financial situation, property ownership, or relationship circumstances change significantly.
If your situation also involves estate planning, consider pairing your cohabitation agreement with a Last Will and Testament and a Roommate Agreement if you share a rental property.
Are Cohabitation Agreements Enforceable in the US?
Yes, cohabitation agreements are generally enforceable across the US when properly drafted. Courts treat them as standard contracts, meaning both parties must have agreed voluntarily and the terms must be fair and lawful. A small number of states, including Georgia and Louisiana, have historically been more restrictive.
Always verify your state's current rules and have an experienced attorney review the agreement for complex situations. The Uniform Law Commission provides guidance on how states approach cohabitation and domestic partnership law.
Can a Cohabitation Agreement Be Changed?
Yes. Either partner can propose changes at any time. Both partners must agree to and sign any amendment in writing, typically before a notary public. A valid amendment must comply with the same legal requirements as the original agreement. Check your state's rules before making changes.
How to Terminate a Cohabitation Agreement
A cohabitation agreement can be terminated by mutual written consent of both partners. Some agreements also include specific termination clauses, such as a provision that the agreement ends automatically if the couple marries. Without a termination clause, both partners must agree in writing to dissolve the agreement. Check your state's requirements for formal termination procedures.
Conclusion
A cohabitation agreement protects both partners in a committed relationship by putting financial and property arrangements in writing. It provides the legal clarity that marriage law gives automatically to married couples, covering everything from shared expenses to inheritance rights. 360 Legal Forms makes it straightforward to create your own legal cohabitation agreement online. Start for free today and download your attorney-vetted document in minutes.
Legal Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. 360 Legal Forms is not a law firm. For advice specific to your situation, consult a licensed attorney in your state.
Bibliography
- Pew Research Center - Marriage and Cohabitation in the U.S.
- Uniform Law Commission - Domestic Partnership and Cohabitation Law Guidance
