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Non Cohabitation Agreement Template for United States

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Key Requirements PROMPT example:

Non Cohabitation Agreement

"I need a Non Cohabitation Agreement for my partner and me as we're moving in together on March 1, 2025, with specific provisions about keeping our finances separate and splitting household expenses 60/40 based on our incomes."

Document background
The Non Cohabitation Agreement serves as a crucial legal tool for unmarried couples planning to live together in the United States. This document becomes particularly important in states with common law marriage provisions, as it explicitly states the parties' intention not to create a marital relationship. The agreement typically covers property rights, financial responsibilities, and living arrangements, providing clarity and legal protection for both parties. It's especially relevant given the increasing trend of couples choosing to cohabitate without marriage, and helps prevent future legal disputes by establishing clear expectations and boundaries at the outset of the living arrangement.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Property Rights: Clear designation of separate property and handling of jointly acquired assets

5. Financial Obligations: Distribution of expenses and financial responsibilities

6. Term and Termination: Duration of agreement and conditions for termination

Optional Sections

1. Child-Related Provisions: Provisions regarding children, including custody and support arrangements, to be included when parties have or plan to have children

2. Estate Planning Provisions: Inheritance rights and estate planning considerations, for when parties want to address inheritance matters

3. Dispute Resolution: Process for resolving disagreements through mediation or arbitration, recommended when parties want to specify alternative dispute resolution methods

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of each party's separate property brought into the relationship

2. Schedule B - Financial Disclosure: Current financial status of each party including assets, liabilities, and income

3. Schedule C - Expense Allocation: Detailed breakdown of shared expenses and responsibilities between parties

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

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Industries

State-Specific Laws: Each state has different laws regarding cohabitation and domestic partnerships. Some states still maintain laws against cohabitation (though rarely enforced). State property laws and common law marriage provisions must be considered.

Contract Law Principles: Basic contract law requirements including consideration, capacity, and consent. Must comply with Statute of Frauds requirements and meet enforceability standards.

Property Laws: State property division laws, joint property ownership rules, and tenant rights and responsibilities that affect cohabiting parties.

Family Law Considerations: Common law marriage provisions (in recognizing states), palimony laws (especially in states like California), and implications for child custody/support if children are involved.

Estate Planning Laws: Laws governing inheritance rights, beneficiary designations, and power of attorney considerations for non-married cohabiting partners.

Constitutional Law: Constitutional considerations including right to privacy, freedom of contract, and equal protection considerations that may affect the agreement.

Case Law: Relevant legal precedents including Marvin v. Marvin (1976) establishing palimony rights, and other state-specific precedents regarding cohabitation agreements.

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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