Cohabitation Agreement: What It Covers and Why Couples Sign One

How a living-together agreement protects both partners, what to put in it, and when it holds up.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • A cohabitation agreement is a written contract between unmarried partners who live together about property, money and what happens if they separate.
  • Without one, a breakup is resolved by whose name is on the title or account, not by fairness or what you intended.
  • Common topics include the home, rent or mortgage, shared expenses, debts, pets and support after a breakup.
  • Courts in most states enforce cohabitation agreements that are in writing, signed voluntarily and based on fair disclosure.
  • It doesn’t replace a will or powers of attorney, which cover death and incapacity.

What is a cohabitation agreement?

A cohabitation agreement (sometimes called a living-together agreement) is a contract between two people who live together without being married. It sets out how they’ll handle property and finances during the relationship and how things will be divided if it ends.

Married couples have divorce law to divide property. Unmarried couples don’t, so without an agreement, a breakup is governed by ordinary property and contract rules. In practice, that often means the person whose name is on the lease, deed or account keeps it, regardless of who paid.

What it usually covers

  • The home: who owns it, each partner’s share, who keeps it after a breakup, and how the other is bought out
  • Rent, mortgage and household bills: who pays what
  • Separate vs. shared property: what each person brought into the relationship and what you’ll own together
  • Bank accounts and debts: joint accounts, credit cards and loans
  • Big purchases: cars, furniture, vacations
  • Pets: who keeps them and who pays for their care
  • Support after a breakup, if any
  • How you’ll resolve disputes, such as mediation

Cohabitation agreement vs. related documents

DocumentWho it’s forWhat it coversTakes effect
Cohabitation agreementUnmarried partners living togetherProperty, finances, breakupWhen signed
Domestic partnership agreementPartners in, or forming, a domestic partnershipSimilar terms, often alongside registrationWhen signed
Prenuptial agreementCouples about to marryProperty and support in divorceAt marriage
WillAnyoneWho inherits at deathAt death
Powers of attorneyAnyoneDecisions during incapacityWhen signed or at incapacity
How a cohabitation agreement compares

A cohabitation agreement handles a breakup. It doesn’t automatically handle a death or a medical emergency. For those, see our guide to estate planning for unmarried couples.

Will a court enforce it?

Most states enforce written cohabitation agreements, especially when:

  • It’s in writing and signed by both partners
  • Both partners signed voluntarily, without pressure
  • Each partner disclosed their significant assets and debts
  • The terms aren’t grossly unfair
  • It’s not based on a promise of sexual relations, which courts won’t enforce

Having each partner review it with their own attorney isn’t always required, but it makes the agreement much harder to challenge.

When to sign one

  • Before moving in together, or as soon as possible afterward
  • Before buying a home or other major asset together
  • When one partner has significantly more assets, income or debt
  • When one partner will stop working or cut back, for example to care for children
  • When either of you has children from a previous relationship

Frequently asked questions

Is a cohabitation agreement legally binding?

In most states, yes, if it’s in writing, signed voluntarily by both partners and based on honest disclosure. Courts won’t enforce terms that are illegal or based on sexual services.

Does a cohabitation agreement need to be notarized?

It usually isn’t required, but notarizing it is a simple way to prove both signatures are genuine. Some couples also add witnesses.

What happens to a cohabitation agreement if we get married?

Marriage usually changes the legal picture. Many couples replace their cohabitation agreement with a prenuptial agreement, and some agreements say they end at marriage.

Can a cohabitation agreement cover what happens when one of us dies?

It can include some terms, but it’s not a substitute for a will, a trust or beneficiary designations, which are what actually transfer property at death.

Can we change it later?

Yes. You can amend it in writing, signed by both partners, at any time. Review it after major changes like buying a home or having a child.

Keep reading

Make sure your partner can be there for you

Give each other access to medical information and put your partnership in writing with HIPAA, medical authorization and a domestic partnership agreement. The No Brainer Box adds powers of attorney and a living will.

  1. Answer a few simple questions online
  2. Download your completed, ready-to-sign forms
  3. Sign them and keep copies in your account
Protect our partnership →

This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.