Cohabitation agreement

A cohabitation agreement is a legal contract between unmarried partners who live together, outlining how they will manage finances, property, and responsibilities during the relationship and in the event of separation or death. Unlike married couples, unmarried partners have no automatic legal rights to each other's property, income, or assets — regardless of how long they have lived together.

18 steps across 4 sections

1. Property and Assets

  • Separate property: Clearly list assets each partner owned before moving in together (real estate, vehicles, savings, investments, retirement accounts)
  • Joint property: Define how property purchased together during the relationship is owned (50/50, proportional to contribution, etc.)
  • Real estate: If one partner owns the home, specify whether the other gains any equity interest over time through mortgage payments or improvements
  • Personal property: Address furniture, electronics, art, and other items purchased together or brought into the relationship

2. Financial Responsibilities

  • Rent/mortgage: Who pays what share — equal split, proportional to income, or one partner covers it
  • Utilities and household expenses: How monthly bills are divided
  • Joint accounts: Whether to open shared accounts for household expenses and how they are managed
  • Debt: Each partner's responsibility for pre-existing and new debts (credit cards, student loans, car payments)
  • Credit and loans: Clarify that neither partner is responsible for the other's individual debts unless specifically agreed

3. Separation Terms

  • Property division: How jointly owned assets and debts will be divided if the relationship ends
  • Home/lease: Who stays in the shared residence, how the lease or mortgage is handled
  • Moving timeline: Reasonable notice period before one partner must vacate
  • Pet custody: Who keeps shared pets and how costs are divided
  • Dispute resolution: Whether disagreements go to mediation or arbitration before court

4. Other Important Provisions

  • Estate planning: Healthcare directives, end-of-life preferences, inheritance intentions
  • Children: If applicable, provisions for child-related expenses (though courts always retain authority over custody and support)
  • Insurance: Health insurance, renters/homeowners insurance arrangements
  • Confidentiality: Whether the terms of the agreement remain private

Common Mistakes

  • No written agreement at all
  • Using generic online templates without customization
  • Failing to make full financial disclosure
  • Not updating after major life changes
  • One attorney for both partners

Pro Tips

  • Have "the money talk" first
  • Each partner gets their own lawyer
  • Keep the agreement accessible
  • Pair with estate planning documents
  • Consider a domestic partnership registration

Sources

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