Cohabitation Agreement

Moving in together with your partner can be both overwhelming and exciting. Cohabitation is sometimes on the road to marriage, but not exclusively.

If you and your partner are confident, you will not get married soon or ever; you might want to consider a Cohabitation Agreement. Even if you have lived together for a while, it is still highly recommended to enter such an agreement.

What Is a Cohabitation Agreement?

The purpose of the Cohabitation Agreement is to protect both partners from potential financial liabilities. If one partner accumulates financial liabilities or debts without regard, the agreement can force them to change the behavior.

The agreement requires full disclosure from both partners of their earnings and property ownership. Another purpose of the Cohabitation Agreement is to ensure that long-term partners are entitled to inheritance just like married couples are. This type of agreement can be an excellent foundation for a successful relationship.

Other Names for Cohabitation Agreement

Depending on your state, a Cohabitation Agreement may also be known as:

• Living Tother Agreement
• Cohabitation Contract Agreement
• Cohabitation Agreement for Unmarried Partners
• Non-Marital Agreement
• Non-Nuptial Agreement
• Common-Law Partner Agreement

Who Needs a Cohabitation Agreement?

Couples who intend to live together for a long time might benefit from entering into a Cohabitation Agreement. These couples usually do not have set plans for getting married and are satisfied with cohabitating.

Why Use Swyft Forms for Your Cohabitation Agreement?

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Cohabitation Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create a Cohabitation Agreement with Swyft Forms

A Cohabitation Agreement is not an overly complicated document. It needs to contain several vital pieces of information. If you and your partner would not create this agreement on your own, you might find a template useful.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Cohabitation Agreement?

To create your document, please provide:

• Partner A Details: Full legal name, address, and contact information.
• Partner B Details: Full legal name, address, and contact information.
• Disclosure: A statement attesting that all earnings and properties have been disclosed on the part of both partners.
• The Effective Date: The exact date when the agreement goes into effect.
• Expenses: A description regarding the distribution of shared living expenses such as rent.
• Property: A list of separate and joint properties.
• Children: Describe any children either partner may have from previous relationships.
• Marriage Clause: Specify if the agreement is still valid if the couple decides to marry.
• Death Clause: Specify if the partners have inheritance rights in the event of death.
• Signatures: Both partners must sign the document in front of a notary public.

Cohabitation Agreement Terms

• Cohabitation: A decision to live together as a couple without getting married.
• Amendment: Any changes made to an existing agreement.
• Prenuptial Agreement: An agreement a dating couple signs before getting married for asset protection purposes in the event of a divorce or death.
• Postnuptial Agreement: Similar to the prenup described above except post-marriage.
• Cohabitation Clause: A clause in divorce decree stating that spousal support will stop if a former spouse is to move in or cohabitate with another partner.
• Common-Law: Also known as case laws, it refers to unwritten rules based on precedents as established by previous court decisions.
• Power of Attorney: The assignment of another person to act on one's behalf (as an attorney-in-fact), most commonly of financial decisions, though there is a range of powers of attorney.

Cohabitation Agreement Signing Requirements

The Cohabitation Agreement must bear both partners' signatures and signed in front of a notary public to be considered enforceable.

What to Do with Your Cohabitation Agreement

Once the Cohabitation Agreement is signed and notarized, you do not have to file it with any authorities. Distribute a copy to each partner for safekeeping.