Checklist: Cohabitation Agreement Terms

Cohabitation agreements can cover just about any aspect of the relationship between unmarried partners (with the exception of child support, which is determined by legal guidelines). The following checklist provides examples of terms you may want to include in your agreement. Not all of them would be found in the same agreement, of course, and there are probably other items that you would like to address based on your particular circumstances. This list is a good starting point, however, and by perusing these suggestions and discussing your goals with your attorney, you can draft a comprehensive cohabitation agreement that protects your interests.

• Date of agreement

• Names of both parties

• Address

• List of separate property brought to the relationship

• List of all property considered joint property

• Statement of desire to keep property separate

• Statement of desire to keep income separate

• Statement of desire to keep debts separate

• Statement that neither will be liable for debts of the other

• Statement that each will make equal deposits into one joint bank account

• Statement that all household expenses will be divided evenly

• Statement that all purchases will be equally paid for by each partner

• Statement that all property purchased jointly will be equally owned by both parties

• Designation of who will remain in residence upon termination of relationship

• Statement that neither party is entitled to financial support upon the dissolution of the relationship by death or otherwise

• Provision outlining permanent financial support

• Statement that neither party is entitled to inherit from the other

• Statement that each partner is entitled to inherit the other's property or some portion thereof according to the partners' wills

• Governing law

• Severability clause (i.e., if one provision is void, remainder of agreement remains effective)

• Mediation agreement

• Statement that document constitutes the parties' entire agreement

• Statement that both parties were separately represented by independent counsel

• Explanation that losing party pays both parties' attorneys fees in event agreement is violated or contested

• Statement that both parties entered into agreement voluntarily

• Statement that both parties read and understand agreement

• Signatures

• Notarization