Fillable Printable COHABITATION AGREEMENT

COHABITATION AGREEMENT

This agreement is entered into on __________________________________, 20______ by and between

_______________________________________ and _______________________________________, as follows:

1. PURPOSE. The parties to this agreement wish to live together in an unmarried state. The parties intend to pro-

vide in this agreement for their property and other rights that may arise because of their living together. Both par-

ties currently own assets, and anticipate acquiring additional assets, that they wish to continue to control, and they

are entering into this agreement to determine their respective rights and duties while living together.

2. DISCLOSURE. The parties have revealed to each other full financial information regarding their net worth,

assets, holdings, income, and liabilities; not only by their discussions with each other, but also through copies of

their current financial statements, copies of which are attached hereto as Exhibits A and B. Both parties acknowl-

edge that they had sufficient time to review the other’s financial statement, are familiar with and understand the

other’s financial statement, had any questions satisfactorily answered, and are satisfied that full and complete finan-

cial disclosure has been made by the other.

3. LEGAL ADVICE. Each party had legal and financial advice, or had the opportunity to consult independent legal

and financial counsel, prior to executing this agreement. Either party’s failure to so consult legal and financial coun-

sel constitutes a waiver of such right. By signing this agreement, each party acknowledges that he or she under-

stands the facts of this agreement, and is aware of his or her legal rights and obligations under this agreement, or

arising because of their living together in an unmarried state.

4. CONSIDERATION. The parties acknowledge that each of them would not continue living together in an unmar-

ried state except for the execution of this agreement in its present form.

5. EFFECTIVE DATE. This Agreement shall become effective and binding as of ________________, 20____ , and

shall continue until they no longer live together or until the death of either party.

6. DEFINITIONS. As used in this agreement, the following terms shall have the following meanings:

(a) “Joint Property” means property held and owned by the parties together. Such ownership shall be as ten-

ants by the entirety in jurisdictions where such a tenancy is permitted. If such jurisdiction does not recognize or

permit a tenancy by the entirety, then ownership shall be as joint tenants with rights of survivorship. The intention

of the parties is to hold joint property as tenants by the entirety whenever possible.

(b) “Joint Tenancy” means tenancy by the entirety in jurisdictions where such a tenancy is permitted, and

joint tenancy with rights of survivorship if tenancy by the entirety is not recognized or permitted. The intention of

the parties is to hold joint property as tenants by the entirety whenever possible.

7. SEPARATE PROPERTY. ______________________________________ is the owner of certain property, which

is listed in Exhibit A, attached hereto and made a part hereof, which he intends to keep as his nonmarital, separate,

sole, and individual property. All income, rents, profits, interest, dividends, stock splits, gains, and appreciation in

value relating to any such separate property shall also be deemed separate property.

COHABITATION AGREEMENT

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______________________________________ is the owner of certain property, which is listed in Exhibit B,

attached hereto and made a part hereof, which she intends to keep as her nonmarital, separate, sole, and individ-

ual property. All income, rents, profits, interest, dividends, stock splits, gains, and appreciation in value relating to

any such separate property shall also be deemed separate property.

8. JOINT PROPERTY. The parties intend that certain property shall, from the effective date of this agreement, be

joint property with full rights of survivorship. This property is listed and described in Exhibit C, attached hereto

and made a part hereof.

9. PROPERTY ACQUIRED WHILE LIVING TOGETHER. The parties recognize that either or both of them may

acquire property during the time they are living together. The parties agree that the the ownership of such property

shall be determined by the source of the funds used to acquire it. If joint funds are used, it shall be jointly owned

property with full rights of survivorship. If separate funds are used, it shall be separately owned property, unless it

is added to Exhibit C by the purchaser.

10. BANK ACCOUNTS. Any funds deposited in either party’s separate bank accounts shall be deemed that party’s sep-

arate property. Any funds deposited in a bank account held by the parties jointly shall be deemed joint property.

11. PAYMENT OF EXPENSES. The parties agree that their expenses shall be paid as follows:

___________________________________________________________________________________________

____________________________________________________________________________________________

12. DISPOSITION OF PROPERTY. Each party retains the management and control of the property belonging to

that party and may encumber, sell, or dispose of the property without the consent of the other party. Each party

shall execute any instrument necessary to effectuate this paragraph on the request of the other party. If a party does

not join in or execute an instrument required by this paragraph, the other party may sue for specific performance

or for damages, and the defaulting party shall be responsible for the other party’s costs, expenses, and attorney’s

fees. This paragraph shall not require a party to execute a promissory note or other evidence of debt for the other

party. If a party executes a promissory note or other evidence of debt for the other party, that other party shall

indemnify the party executing the note or other evidence of debt from any claims or demands arising from the exe-

cution of the instrument. Execution of an instrument shall not give the executing party any right or interest in the

property or the party requesting execution.

13. PROPERTY DIVISION UPON SEPARATION. In the event of separation of the parties, they agree that the

terms and provisions of this agreement shall govern all of their rights as to property, property settlement, rights of

community property, and equitable distribution against the other. Each party releases and waives any claims for

special equity in the other party’s separate property or in jointly owned property.

14. EFFECT OF SEPARATION OR DEATH. Each of the parties waives the right to be supported by the other after

their separation or after the death of either party.

15. DEBTS. Neither party shall assume or become responsible for the payment of any preexisting debts or obliga-

tions of the other party. Neither party shall do anything that would cause the debt or obligation of one of them to

be a claim, demand, lien, or encumbrance against the property of the other party without the other party’s written

consent. If a debt or obligation of one party is asserted as a claim or demand against the property of the other with-

out such written consent, the party who is responsible for the debt or obligation shall indemnify the other from the

claim or demand, including the indemnified party’s costs, expenses, and attorneys’ fees.

16. FREE AND VOLUNTARY ACT. The parties acknowledge that executing this agreement is a free and voluntary act,

and has not been entered into for any reason other than the desire for the furtherance of their relationship in living

together. Each party acknowledges that he or she had adequate time to fully consider the consequences of signing this

agreement, and has not been pressured, threatened, coerced, or unduly influenced to sign this agreement.

17. SEVERABILITY. If any part of this agreement is adjudged invalid, illegal, or unenforceable, the remaining parts

shall not be affected and shall remain in full force and effect.

18. FURTHER ASSURANCE. Each party shall execute any instruments or documents at any time requested by the

other party that are necessary or proper to effectuate this agreement.

19. BINDING EFFECT. This agreement shall be binding upon the parties, and upon their heirs, executors, personal

representatives, administrators, successors, and assigns.

20. NO OTHER BENEFICIARY. No person shall have a right or cause of action arising out of or resulting from this

agreement, except those who are parties to it and their successors in interest.

21. RELEASE. Except as otherwise provided in this agreement, each party releases all claims or demands to the

property or estate of the other, however and whenever acquired, including acquisitions in the future.

22. ENTIRE AGREEMENT. This instrument, including any attached exhibits, constitutes the entire agreement of

the parties. No representations or promises have been made except those that are set out in this agreement. This

agreement may not be modified or terminated except in writing signed by the parties.

23. PARAGRAPH HEADINGS. The headings of the paragraphs contained in this agreement are for convenience

only, and are not to be considered a part of this agreement or used in determining its content or context.

24. ATTORNEYS’ FEES IN ENFORCEMENT. A party who fails to comply with any provision or obligation con-

tained in this agreement shall pay the other party’s attorneys’ fees, costs, and other expenses reasonably incurred in

enforcing this agreement and resulting from the noncompliance.

25. SIGNATURES AND INITIALS OF PARTIES. The signatures of the parties on this document, and their initials

on each page, indicate that each party has read, and agrees with, this entire Cohabitation Agreement, including any

and all exhibits attached hereto.

26.

❏ OTHER PROVISIONS. Additional provisions are contained in the Addendum, attached hereto and made a

part hereof.

___________________________________________ ___________________________________________

(Signature of male) (Signature of female)

STATE OF )

COUNTY OF )

The foregoing Agreement, consisting of _______ pages and Exhibits _______ through _______, was acknowledged

before me this _________ day of _________________, 20____, by ______________________________________

_____________________________________________, who are personally known to me or who have produced

___________________________________________________________ as identification.

___________________________________________________________

Signature

___________________________________________________________

(Typed Name of Acknowledger)

NOTARY PUBLIC

Commission Number: _________________________________________

My Commission Expires:

[signature]

[notary signature]