FormDraft

Free Cohabitation Agreement Template — Fill Out & Download Instantly

Free — No Sign-Up RequiredPDF & WordUpdated April 7, 2026

A cohabitation agreement is a legal contract between two unmarried partners who live together, establishing how they will handle property ownership, shared expenses, joint assets, debts, and what happens if the relationship ends. Unlike married couples who have state law protections governing property division, unmarried couples who separate have no automatic legal rights to each other's property — making a written cohabitation agreement essential for protecting both partners.

⚠️ Legal Disclaimer: This template is attorney-reviewed and built to US legal standards. It does not substitute for professional legal advice. For complex situations, we recommend consulting a licensed attorney.

Document Completeness0%

State governing this agreement

The state where both partners reside — this affects common law marriage rules and property rights

Property address, start date, and ownership type

MM/DD/YYYY

Rent, utilities, bank accounts, and debts

Describe how monthly housing costs will be divided

Joint and separate property definitions

List all property that both partners will own together during cohabitation

List property each partner brought into the relationship or acquired individually

What happens if the relationship ends

What Is a Cohabitation Agreement?

A cohabitation agreement is a legal contract between two unmarried partners who live together, establishing how they will handle property ownership, shared expenses, joint assets, debts, and what happens if the relationship ends. Unlike married couples who have state law protections governing property division, unmarried couples who separate have no automatic legal rights to each other's property — making a written cohabitation agreement essential for protecting both partners. The agreement documents each party's separate property, defines jointly owned assets, and sets out the financial terms of the living arrangement so both parties have clear, enforceable expectations..

When Do You Need It?

You should create a cohabitation agreement before or shortly after moving in together, particularly if one or both partners own real estate, have significant assets or debts, contribute unequally to household expenses, or want to ensure clarity about property rights if the relationship ends. A cohabitation agreement is especially important in states that do not recognize common law marriage, because without a written agreement, an unmarried partner may have no legal claim to property acquired during the relationship. Even in common law marriage states, an explicit agreement eliminates uncertainty..

What's Included in This Template

  • Both partners' full legal names and addresses
  • Property address and living arrangement start date
  • Ownership type of the shared residence
  • Rent or mortgage split arrangement
  • Utility and household expense split
  • Definition of joint and separate property
  • Joint expense list and contribution method
  • Bank account arrangement
  • Debt responsibility allocation
  • Separation terms and property division procedure
  • Dispute resolution (mediation / arbitration)

How to Fill It Out

1
Identify Both Partners — Enter the full legal names and current addresses of both partners. Use names exactly as they appear on government-issued identification.
2
Describe the Living Arrangement — Enter the address of the shared residence, the date the cohabitation arrangement begins, and the type of ownership (one partner owns, joint tenants, tenants in common, or renting).
3
Define Financial Contributions — Specify how rent or mortgage payments, utilities, and other household expenses will be split between the partners. Equal splits are common but not required — document whatever arrangement you have agreed upon.
4
Identify Joint and Separate Property — Describe each partner's separate property (property owned before cohabitation or received as a gift/inheritance) and any property that will be jointly owned. Be specific about high-value items.
5
Set Separation and Dispute Resolution Terms — Describe what happens if the partners separate — who keeps the residence, how joint property is divided, and how disputes will be resolved. Mediation or arbitration provisions avoid costly litigation.

Legal Requirements & Notes

Cohabitation agreements are generally enforceable in all 50 states as contracts between adults, subject to ordinary contract law principles. Key legal considerations:

  • Common Law Marriage: A minority of states (including Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah) recognize common law marriage, which can arise when two parties live together and hold themselves out as married. A cohabitation agreement does not create a common law marriage, but parties in common law marriage states should be aware that their cohabitation could potentially give rise to marital rights even without a ceremony.
  • Property Rights of Unmarried Cohabitants: In most states, unmarried partners have no automatic right to each other's property — there is no equitable distribution or community property law for unmarried couples. Without a written agreement, a partner who contributed financially to the household may have no legal claim upon separation unless they can establish a constructive trust, resulting trust, or implied contract (the 'palimony' doctrine recognized after *Marvin v. Marvin*, 18 Cal.3d 660 (1976)).
  • Real Property: If both parties are to have an ownership interest in real estate, that ownership must be memorialized in a deed filed with the county recorder's office — a cohabitation agreement alone does not transfer or create real property interests.
  • Enforceability Limitations: Courts in some states may decline to enforce provisions that appear to be in exchange for sexual services. The agreement should be based on financial consideration (the parties' respective contributions to the household) rather than the intimate nature of the relationship.
  • Independent Legal Counsel: Both parties should ideally have separate attorneys review the agreement before signing. A court is more likely to enforce an agreement where both parties had access to independent legal advice.

    • Frequently Asked Questions

    Yes. Cohabitation agreements are generally enforceable as contracts in all 50 states, provided they meet standard contract requirements: offer and acceptance, consideration (each party gives something of value), and the absence of fraud, duress, or undue influence. Courts have increasingly enforced cohabitation agreements since the landmark California case Marvin v. Marvin (1976), which recognized the rights of unmarried cohabitants under contract law. To maximize enforceability, both parties should have independent legal counsel, sign voluntarily, and make full financial disclosure.

    Related Templates

    Prenuptial Agreement

    A Prenuptial Agreement (commonly called a "prenup") is a legally binding contract entered into by two individuals before...

    Use template

    Roommate Agreement

    A Roommate Agreement is a written contract between people sharing a rental property that establishes house rules, financ...

    Use template

    Partnership Agreement

    A Partnership Agreement is a legally binding contract between two or more individuals or entities who agree to operate a...

    Use template
    Free Cohabitation Agreement Template (2026) — Unmarried Couples | FormDraft | FormDraft