Free Cohabitation Agreement Template

A cohabitation agreement is a written contract between two unmarried people who live together. It explains how you’ll handle finances and responsibilities while living together, and what happens if you separate or one partner dies.

This can be especially helpful for domestic partners who do not have legal protections that automatically apply to married couples.

Tip: A cohabitation agreement is about your shared life and finances. For decisions during illness or emergencies, consider a separate medical power of attorney and power of attorney.

A cohabitation agreement is useful for any unmarried couple living together. Ideally, you’ll write it before you move in, but you can also create one after you’ve already combined parts of your life.

• When buying property together: Clarify ownership shares and what happens if you break up.
• When one partner contributes more: Put unequal rent, mortgage, or bill payments in writing.
• When there are significant assets or debts: Protect individual property and set boundaries around debt.
• When children are involved: Keep household expectations clear, especially around expenses and space.

Some couples assume living together automatically creates “common-law marriage.” In most states, it does not. Rules vary widely, and many states only recognize common-law marriages in limited circumstances or only if the relationship began before a specific cutoff date. Several states do not recognize common-law marriage at all.

The National Conference of State Legislatures summarizes how common-law marriage recognition varies by state, including states that still recognize it and states that only recognize older relationships.

Example: Alabama ended new common-law marriages starting January 1, 2017, but may still recognize earlier ones.

Example: South Carolina stopped recognizing new common-law marriages as of July 24, 2019.

If you’re not sure how your state treats common-law marriage, a cohabitation agreement can still help you set clear rules for property, expenses, and separation.

A strong cohabitation agreement focuses on the real-world issues couples run into: money, property, debt, and what happens if things change. Here’s what to include.

1. Add Partner Information and Living Arrangements

List each partner’s legal name and confirm whether you already live together. You can also include the address where you’ll live as a household.

2. Address Children and Household Responsibilities

Note whether either partner has child(ren) from prior relationships, and outline any expectations around day-to-day household responsibilities. Keep this practical and respectful.

3. List Separate Property and Shared Property

Identify what each partner owns separately, such as a vehicle, savings, furniture, or real estate. Then list any property you own together and explain how it will be divided if you separate. You may also include an agreement on any property that is acquired in the future.

Tip: If you’re buying a home together, consider attaching an itemized list or exhibit so it’s easy to identify major assets later.

4. List Separate Debts and Shared Debts

Write down existing debts that belong to each partner, and clarify that each person remains responsible for their own debt unless you both agree otherwise.

If you share debt, assign a clear percentage responsibility to each partner, so you’re not guessing later.

5. Set Rules for Household Expenses

Decide how you’ll split rent or mortgage payments, utilities, groceries, insurance, and other recurring bills. You can split expenses 50/50, by percentage, or by category.

If you’ll use a joint account, specify what goes into it and what stays separate.

6. Add Any Support or “Palimony” Terms Carefully

Some couples choose to outline support payments after a breakup. This is sometimes called palimony, which is different from alimony because it relates to unmarried partners.

Because enforceability can vary by state, keep these terms clear, realistic, and aligned with local rules.

7. Include a Waiver of Marriage-Like Rights

If your state provides any default rights for cohabiting partners, you can state that you’re choosing your own rules instead. This helps reduce disputes about what each person “should” receive.

8. Define When the Agreement Ends

Common termination triggers include:

• Moving out: One partner leaves the shared home.
• Written notice: One partner ends the agreement in writing.
• Breach of the agreement: One partner does not follow key terms.
• Death: One partner dies, and the agreement ends or transitions based on your terms.

Add a practical timeline for handling shared property and bills after termination, so the transition is less stressful.

9. Choose Governing Law and Sign

State which state’s laws govern the agreement, add the effective date, and sign. Some couples also use notarization for extra formality, especially when the agreement involves major assets.