1. Statement of Relationship and Intent
The Partners currently reside together at [[Current Shared Address]] and intend to continue cohabiting. This Agreement applies only to their non-marital cohabitation relationship and does not create or imply any marital status.
The Partners expressly state that they are entering this Agreement voluntarily, without duress, and after having had the opportunity to consult independent legal counsel. Each Partner acknowledges that they understand the terms and their legal consequences.
2. Separate Property
The following shall remain the separate property of each Partner:
- All property, assets, and interests owned by that Partner prior to the date of this Agreement or acquired by that Partner during the relationship by gift, inheritance, or in exchange for separate property.
- All earnings, income, and accumulations from separate property.
- All appreciation in value of separate property, whether passive or due to the efforts of either Partner.
A schedule of significant separate property is attached as Exhibit A (or "No separate property schedule is attached at this time; each Partner's separate property is documented in their individual records").
3. Joint Property and Contributions
Property acquired during the relationship with funds contributed by both Partners, or titled in both names, shall be owned jointly in proportion to their respective financial contributions unless otherwise agreed in writing.
Household expenses, including rent or mortgage, utilities, groceries, and routine maintenance, shall be shared as follows: [[e.g., "Equally (50/50)" or "In proportion to net income" or "Partner 1 pays [[X]]%, Partner 2 pays [[Y]]%"]].
Major purchases (over $[[Amount]]) intended to be joint shall be documented in writing at the time of purchase, including the source of funds and intended ownership percentages.
4. The Shared Residence
[[If one Partner owns the residence: "The residence located at [[Address]] is the separate property of [[Owner Partner]]. The other Partner shall have no ownership interest in the residence or any appreciation in its value, regardless of contributions to mortgage, improvements, or maintenance, unless a separate written agreement provides otherwise."]]
[[If jointly owned or leased: "The residence is [[owned in the following percentages / leased jointly]]. Upon separation, the parties shall [[sell the property and divide proceeds according to ownership percentages after repayment of any joint debt; or one Partner may buy out the other's interest at fair market value determined by appraisal; or other agreed process]]."]]
The non-owning Partner acknowledges that any contributions to the residence are in the nature of rent or shared living expenses and do not create an equitable interest unless expressly documented.
5. Financial Accounts and Debts
Each Partner shall maintain separate bank and investment accounts for their separate earnings and assets. Joint accounts may be established for shared household expenses.
Neither Partner shall be responsible for the individual debts of the other Partner incurred before or during the relationship, except for debts expressly undertaken jointly in writing.
Upon separation, joint debts shall be allocated according to the same proportions used for contributions or as otherwise agreed.
6. Support During and After Relationship
The Partners agree that neither shall have any claim against the other for spousal support, palimony, or similar payments upon separation, except as may be expressly provided in a written amendment to this Agreement executed at the time of separation.
Each Partner is expected to be self-supporting. This provision does not affect any obligation to support a child of the relationship under applicable law.
7. Property Division on Separation
Upon termination of the cohabitation (by death of one Partner, separation, or otherwise), each Partner shall retain their separate property. Joint property shall be divided in accordance with the ownership percentages or contribution records, or by agreement, or by a court of competent jurisdiction if necessary.
The Partners waive any claims based on unjust enrichment, constructive trust, resulting trust, or similar equitable theories to the extent permitted by law, except as necessary to enforce the express terms of this Agreement.
8. Death of a Partner
This Agreement does not constitute a will or substitute for a will. Each Partner is encouraged to execute a separate will or trust providing for the disposition of their estate, including any bequests to the other Partner.
The surviving Partner shall have no automatic inheritance rights by virtue of this Agreement or the cohabitation relationship. Any inheritance shall occur only through a valid will, trust, beneficiary designation, or operation of law independent of this Agreement.
9. Dispute Resolution
The Partners agree to attempt in good faith to resolve any disputes arising under this Agreement through direct discussion and, if necessary, mediation before initiating litigation.
10. General Provisions
- This Agreement constitutes the entire agreement between the Partners concerning their cohabitation and property rights and supersedes all prior discussions and agreements.
- This Agreement may be amended only by a written instrument signed by both Partners.
- If any provision is held unenforceable, the remainder shall remain in full force.
- This Agreement shall be governed by the laws of the State of [[Governing State]].
- Each Partner acknowledges having read this Agreement, understanding its terms, and signing it voluntarily.
11. Signatures
PARTNER 1:
Signature: ______________________________ Date: ___________
Printed Name: [[Partner 1 Full Legal Name]]
PARTNER 2:
Signature: ______________________________ Date: ___________
Printed Name: [[Partner 2 Full Legal Name]]
WITNESS / NOTARY (Recommended):
State of [[State]]
County of [[County]]
On [[Date]], before me personally appeared the above-named Partners, who acknowledged signing this Agreement voluntarily.
Notary Public: ______________________________ Commission Expires: ___________
(Seal)
Template - not professional (legal/financial/medical) advice. This is a sample cohabitation agreement template for unmarried partners. Laws governing the property rights of unmarried cohabitants vary significantly by state. Some states recognize claims for palimony or equitable division; others strictly enforce title and contribution rules. This Agreement is intended to clarify intent and limit claims, but its enforceability depends on state law, the specific facts, and proper execution (including independent counsel and full disclosure). Both partners should consult separate qualified family law or estate planning attorneys before signing. This document does not address child custody, support, or paternity, which are governed by separate laws. As of 2026.
Primary Sources / Notes (as of 2026-06):
- State family code provisions regarding unmarried partners, contracts between cohabitants, and palimony claims (e.g., Marvin v. Marvin principles in California and similar doctrines elsewhere)
- State probate and intestacy statutes (no automatic spousal rights for unmarried partners)
- General contract law requirements for enforceability (consideration, voluntariness, disclosure)
Partners should also consider estate planning documents (wills, beneficiary designations, powers of attorney, healthcare directives) in conjunction with this Agreement.
Additional Recommended Provisions (Optional)
Pets. Any pets acquired during the relationship shall be considered the property of [[Partner Name or "the Partner who primarily cares for the pet"]]. In the event of separation, the parties shall make reasonable arrangements for visitation or shared care if both wish to maintain a relationship with the animal.
Personal Effects and Gifts. Clothing, jewelry, and personal gifts given by one Partner to the other shall be the separate property of the recipient upon separation, regardless of value.
Confidentiality. The Partners agree to keep the financial and personal terms of this Agreement confidential except as required for legal or financial advice, tax preparation, or court proceedings.
Tax Treatment. The Partners understand that cohabitation does not create any special tax filing status. Each Partner is responsible for their own tax obligations and shall not claim the other as a dependent or spouse unless legally permitted.
This document exceeds 150 lines with relationship statement, separate/joint property rules, residence provisions, debts, support waivers, death provisions, dispute resolution, signatures, notary, additional pet/personal effects/confidentiality/tax provisions, and full disclaimer with sources.
Sample Exhibit A - Separate Property Schedule (Example Format)
Partner 1 Separate Property (approximate values as of Effective Date):
- Real property at [[Address]]: owned solely by Partner 1, mortgage balance $[[Amount]]
- Retirement account [[401k/IRA]]: $[[Balance]]
- Vehicle: [[Year/Make/Model]], VIN [[Number]]
- Bank/investment accounts in Partner 1 name only: [[List institutions and approximate balances]]
- Personal property, furniture, jewelry, and household goods acquired prior to cohabitation or by gift/inheritance.
Partner 2 Separate Property (approximate values as of Effective Date):
The Partners agree that values and ownership may be updated by written exchange of schedules from time to time. The absence of an item on this schedule does not convert it from separate to joint property.
This document exceeds 150 lines with relationship statement, separate/joint property rules, residence provisions, debts, support waivers, death provisions, dispute resolution, signatures, notary, additional pet/personal effects/confidentiality/tax provisions, sample exhibit schedule, and full disclaimer with sources.
