Cohabitation agreement tool

Template only. Cohabitation agreement enforceability and requirements vary by state - a small number of states limit or restrict these agreements. This tool creates a starting framework, never a final document. Have it reviewed by an attorney before signing. See our full disclaimer.

Cohabitation agreement builder

Parties

Partner 1 full legal name

Partner 2 full legal name

Date cohabitation began (or will begin)

State governing the agreement

Residence

Who owns or will own the shared residence?

How will mortgage/rent and housing costs be split?

If one partner contributes to a home owned solely by the other, is equity credit earned?

Property and finances

Each partner's individually-owned property (brought into the relationship or acquired individually) remains:

Treatment of jointly titled property and joint bank accounts

Debt incurred during the relationship

Support and separation

Financial support if the relationship ends

Are there or will there be children of the relationship? Note: this agreement cannot determine child custody or child support - those are decided separately under family law at the time of any separation.

Your cohabitation agreement draft

Have an attorney finalize your cohabitation agreement

A family law attorney ensures your agreement is enforceable under your state's law and covers issues specific to your financial situation. Free initial consultation.

Why unmarried couples need a written agreement that married couples don't

Marriage automatically creates a legal framework: community property or equitable distribution rules govern asset division, spouses have inheritance rights without a will, and divorce courts have clear authority to divide property and award support. None of this applies automatically to unmarried couples, regardless of how long they've lived together or how intertwined their finances have become. If an unmarried couple separates, courts generally treat each partner's individually-titled property as belonging to whoever's name is on it - regardless of who actually paid for it or contributed to it.

This creates serious risk for the partner who contributed financially to property titled in the other partner's name, who gave up career opportunities to support the household, or who simply assumed years of shared life created some form of entitlement. A cohabitation agreement is the only reliable way to create enforceable financial rights and obligations between unmarried partners. If you eventually marry, the prenuptial agreement or postnuptial agreement tools become more appropriate, since marriage creates a different legal framework entirely.

What is "palimony" and does it apply in most states?

Palimony refers to support payments awarded to an unmarried partner after separation, based on an implied or express agreement during the relationship - the term comes from combining "pal" and "alimony" following a famous 1976 California case (Marvin v. Marvin). Despite the publicity this case generated, palimony claims remain difficult to win in most states without a written agreement. Courts are skeptical of claimed verbal agreements to support a partner indefinitely, and several states have explicitly refused to recognize palimony claims at all, treating cohabitation as creating no support obligations regardless of circumstances. This underscores why a written cohabitation agreement - rather than relying on an implied agreement claim - is essential if support provisions are intended.

Do unmarried couples have any automatic rights regarding jointly purchased property?

Property titled in both partners' names (a house deed with both names, a jointly titled bank account) generally is treated as jointly owned regardless of actual financial contribution - courts typically apply a presumption of equal ownership for jointly titled property unless the agreement specifies otherwise. However, property titled in only one partner's name remains that partner's property even if the other partner contributed financially, absent a written agreement establishing some other arrangement. This makes the title question (whose name is on what) far more consequential for unmarried couples than for married couples, where marital property rules apply regardless of titling in most cases.

Frequently asked questions about cohabitation agreements

Yes, in most states, cohabitation agreements are enforceable as ordinary contracts, subject to general contract law principles (mutual consent, consideration, no fraud or duress, and terms that aren't illegal or against public policy). A small number of states have historically been hostile to these agreements, particularly older case law in some jurisdictions that treated cohabitation agreements as against public policy on morality grounds - though this view has become increasingly rare as courts recognize cohabitation as a common and legitimate family structure. State-specific legal advice confirms enforceability in your jurisdiction.

No. Just like prenups and postnups, a cohabitation agreement cannot predetermine child custody or child support arrangements - these are decided based on the child's best interests at the time of any actual separation, under the same family law framework that applies to married parents. Provisions attempting to predetermine custody in a cohabitation agreement are simply not enforceable and will not be followed by a family court. Financial and property provisions, however, can be addressed and are enforceable.

Without an agreement, each partner generally keeps whatever is titled in their own name, regardless of actual financial contribution. Jointly titled property is typically divided based on the presumption of equal ownership or actual contribution depending on the state and type of asset. There's no automatic alimony-equivalent support obligation. Disputes over claimed financial contributions or implied agreements (the basis for palimony claims) require expensive and uncertain litigation to resolve, with no guaranteed outcome. This uncertainty and risk is exactly what a written cohabitation agreement is designed to prevent.

It depends on your state and the type of registration. Some states and municipalities offer domestic partnership registration that confers some marriage-like rights (often limited to things like hospital visitation, health insurance eligibility, or certain inheritance rights) but typically does NOT create the comprehensive property division and support framework that marriage provides. A registered domestic partnership in most jurisdictions still benefits significantly from a supplemental written cohabitation agreement addressing the specific financial issues the partnership registration doesn't cover.

It's strongly recommended, for the same reasons it's recommended for prenups and postnups - it significantly strengthens enforceability and ensures each partner genuinely understands what they're agreeing to. While the consideration requirements that complicate postnups don't typically apply to cohabitation agreements (since the relationship and agreement can be negotiated from the start without a pre-existing marital fiduciary duty), independent representation still protects against later claims of unfairness, lack of understanding, or unequal bargaining power, particularly when there's a significant income or asset disparity between the partners.