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Cohabitation Contract for the United Kingdom

Cohabitation Contract Template for United States

A Cohabitation Contract is a legally binding agreement between unmarried partners living together in the United States. This document outlines rights, responsibilities, and obligations regarding property ownership, financial arrangements, and personal relationships. It provides legal protection similar to prenuptial agreements but for unmarried couples, addressing state-specific requirements and variations in common law marriage recognition across different jurisdictions.

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What is a Cohabitation Contract?

A Cohabitation Contract serves as a crucial legal framework for unmarried couples choosing to live together in the United States. This document becomes particularly important given the varying recognition of common law marriage across different states and the lack of automatic legal protections for unmarried couples. The contract typically addresses property division, financial responsibilities, inheritance rights, and dispute resolution mechanisms. It provides clarity and legal certainty in areas where statutory protections may be limited or non-existent for non-married partners.

What sections should be included in a Cohabitation Contract?

1. Parties: Identification and details of the cohabiting partners

2. Background: Context of the relationship and reason for the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Rights: Division of existing and future property ownership

5. Financial Obligations: Shared expenses, individual responsibilities, and financial arrangements

6. Termination: Process for ending the agreement and relationship

What sections are optional to include in a Cohabitation Contract?

1. Children: Rights and responsibilities regarding children, used when parties have or plan to have children

2. Pets: Ownership and care responsibilities for pets, used when parties have shared pets

3. Business Interests: Division of business assets/interests, used when parties share business ventures

4. Healthcare Decisions: Medical decision-making rights, used when parties want to grant healthcare powers

What schedules should be included in a Cohabitation Contract?

1. Schedule A - Property Inventory: List of individually owned property brought into cohabitation

2. Schedule B - Joint Property: List of jointly owned property and agreed-upon ownership percentages

3. Schedule C - Financial Accounts: List of individual and joint financial accounts

4. Schedule D - Debt Schedule: List of individual and shared debts and obligations

5. Appendix A - Household Budget: Detailed breakdown of shared expenses and contributions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Agreement Contract

Cost

Free to use
Clauses
































Industries

State-Specific Laws: Variations in state laws regarding unmarried cohabiting couples, including common law marriage recognition and differing property rights laws across states

Property Laws: Laws governing property division, joint tenancy, tenancy in common, real estate ownership, and personal property rights between cohabiting partners

Contract Law: Fundamental contract requirements including offer, acceptance, consideration, Statute of Frauds requirements, contract enforceability principles, and capacity to contract

Family Law: Legal considerations including palimony rights (Marvin v. Marvin precedent), child custody and support provisions, and rights/obligations of non-married partners

Estate Planning Laws: Legal framework for inheritance rights, power of attorney provisions, healthcare directives, and death benefits for cohabiting partners

Financial Laws: Regulations governing joint accounts, debt responsibility, credit obligations, and tax implications for cohabiting partners

Constitutional Law: Fundamental rights including right to privacy, freedom of contract, and equal protection considerations affecting cohabitation agreements

Public Policy: Policy considerations including restrictions on contracts promoting divorce, moral consideration limitations, and prohibitions on sexual services provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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