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
| Document | Who it’s for | What it covers | Takes effect |
|---|---|---|---|
| Cohabitation agreement | Unmarried partners living together | Property, finances, breakup | When signed |
| Domestic partnership agreement | Partners in, or forming, a domestic partnership | Similar terms, often alongside registration | When signed |
| Prenuptial agreement | Couples about to marry | Property and support in divorce | At marriage |
| Will | Anyone | Who inherits at death | At death |
| Powers of attorney | Anyone | Decisions during incapacity | When signed or at incapacity |
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
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.
It usually isn’t required, but notarizing it is a simple way to prove both signatures are genuine. Some couples also add witnesses.
Marriage usually changes the legal picture. Many couples replace their cohabitation agreement with a prenuptial agreement, and some agreements say they end at marriage.
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.
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
- Estate Planning for Unmarried Couples: How to Protect Each OtherUnmarried partners have few automatic legal rights. Learn which documents let you make medical decisions, share information and inherit from each other.
- Domestic Partnership vs. Marriage: What’s the Difference?Domestic partnership and marriage give couples very different legal rights. Compare inheritance, taxes, benefits and medical decisions, and learn what an agreement adds.
- Primary vs. Contingent Beneficiary: How to Name Them RightA primary beneficiary inherits first; a contingent beneficiary inherits if the primary can't. Learn how they work, common mistakes, and how beneficiaries interact with your will.
- Can an Unmarried Partner Make Medical Decisions for You?In many states an unmarried partner isn't next of kin for medical decisions. Learn how a health care power of attorney and HIPAA release give your partner a voice.
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.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
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.