More American couples than ever live together without marrying, and the law mostly treats them as legal strangers: no community property, no automatic inheritance, no support rights. A cohabitation agreement fills that gap by putting who owns what, and who pays what, into an enforceable contract.
This template covers the shared home, household expenses, separate property, and jointly bought items, plus an optional support waiver. Fill it in together and download it in Word and PDF.
Why unmarried couples need a written agreement
When a marriage ends, divorce law provides a rulebook for dividing property. When unmarried partners separate, there is no rulebook: each keeps what is titled in their name, and untangling years of mingled finances turns into a dispute about receipts and memories. The partner who paid the rent while the other paid down a mortgage in their own name can walk away with nothing to show for it. A cohabitation agreement replaces that uncertainty with terms you both chose while things were good.
- The home: who holds the lease or deed, and whether the other partner's contributions build any interest in it.
- Expenses: an equal split, an income-proportional split, or your own arrangement, stated plainly.
- Belongings: what each partner brought in, and how things bought together are owned.
- Separation: notice, dividing joint property, and whether any support is owed.
Are cohabitation agreements enforceable?
Yes, in nearly every state, under ordinary contract law. Since the landmark Marvin v. Marvin decision, courts have enforced property and support agreements between unmarried partners, as long as the agreement is about finances and property rather than the relationship itself. A small number of states, including Illinois and Georgia, remain restrictive about certain claims between unmarried partners, which makes a clear written agreement more valuable there, not less. Two habits keep the contract solid everywhere: put it in writing, and keep the terms about money and property.
This agreement is not a common law marriage
The template states explicitly that the partners do not intend to marry or to hold themselves out as married. In the few states that still recognize common law marriage, that written statement is itself useful evidence against an unintended marital claim.
What to keep out of the agreement
Keep the agreement financial. Clauses about chores, fidelity, or personal behavior are unenforceable and can taint the rest of the document. Child custody and child support cannot be predetermined by contract in any state. And remember the things this agreement does not replace: unmarried partners have no inheritance rights, so each partner still needs a will, and no authority in a medical crisis, so consider a medical power of attorney naming your partner.
Frequently asked questions
Is a cohabitation agreement legally binding?
Yes. Courts in nearly every state enforce written agreements between unmarried partners about property, expenses, and support under ordinary contract law. The agreement should deal with finances, be signed by both partners, and ideally be notarized.
Do we need a cohabitation agreement if we rent?
It is still worthwhile. The agreement records who is on the lease, how rent and utilities are shared, and who keeps the furniture and other things you buy together, which are the most common disputes when renting partners separate.
Does living together for 7 years make us common law married?
No. That is a myth: no state grants common law marriage based on time alone, and most states abolished it entirely. In the few that recognize it, the couple must agree to be married and hold themselves out as married. This agreement expressly disclaims any such intent.
What happens to the agreement if we get married?
This template ends automatically upon marriage, because marriage law then takes over. Couples who want their financial arrangement to survive into the marriage should sign a prenuptial agreement before the wedding.
Can the agreement say who keeps our pet if we split up?
Yes. Pets are property in every state, so the agreement can assign ownership. Add it under additional terms, or use a dedicated pet care agreement for shared custody arrangements and expense sharing.