Intended Use: This form is intended for couples who have decided to move-in with each other into the same dwelling -- or have already been doing so. The intent behind using this form is so that the parties can affirm their relationship status as unmarried -- past, present, and future. By doing so, the couples can help to avoid a common law marriage. Such a marriage under law is effectively no different than that of civil marriage, which can bring with it several potentially substantial and unintended consequences, including rights, obligations, and claims to the other's estate. This agreement is terminable at any time by either party, or by mutual agreement. The agreement also terminates automatically if the parties formally decide to become married to each other.
Straight or Gay Couples May Use This Form: This document uses male and female gender pronouns, so the drafter should take care to modify them to reflect appropriately the respective genders of the parties.
Chose the Appropriate "Party 2": In this agreement, Party 2 is designated to pay the moving and relocation expenses of Party 1 if the agreement terminates for any reason other than a marriage between the parties, so the drafter should take care to designate appropriately the parties between 1 and 2.
First Name Usage Suggested: To enhance the readability of this document, we recommend that the drafter conduct a search and replace for "Party 1" and "Party 2" to reflect the first name of each party, respectively.
Agreement of Cohabitation and Intent of Non-Marital Status
This agreement (“Agreement”) is
made on
_________________ [
Date], by and between
___________________________ (“Party 1”) and
___________________________ (“Party 2”), collectively the “Parties.”
WHEREAS, the Parties plan to commence formally residing with each other as their sole place of residence at
________________________________________________________ [
Address] on
_________________ [
date that the parties plan to commence living together]; the Parties desire to define their intentions arising from their joint residency; and the Parties acknowledge that they enter into this Agreement voluntarily, without any duress or undue influence, that each has had the opportunity to consult with counsel of his/her choice.
THE PARTIES AGREE:
1.
Non-Marital Status: The Parties have been living together and plan to continue to do so as two free, independent, and unmarried individuals. Neither party has ever intended to enter into any form of marriage with the other party under common law or by operation of any other law. The Parties agree that they are not husband and wife and that they have not represented and will not represent to others that they were or are married to each other. The joint residency of the Parties in no way renders the Parties married.
2.
Consideration:
Consideration for this Agreement consists solely of the mutual promises herein contained and the mutual promises of each party to act as a living companion and partner to the other. This Agreement fully contemplates and compensates any and all services provided by either party for the benefit of the other during the course of their joint residency. Other than as set forth herein, no promises or inducements have been made by and between the Parties.
3.
Duration of Agreement;
Termination: This Agreement shall become effective at the date of execution and shall remain in effect until terminated. Termination shall be effectuated by written notice by either party, the cessation of the joint residency by either party, the marriage of the parties to each other, the marriage or domestic partnership of either party to any other person, or the death of either party. Either party may terminate this Agreement unilaterally at any time. The Parties may separate at any time by mutual understanding or by the election of either party acting alone. If the decision is made to separate, Party 1 will vacate the premises at
________________________________________________________ [
Address], or any other residence then jointly occupied by the Parties and owned by Party 2 as his sole and separate property or rented by him in his name alone, within 30 days after the Parties’ separation. If the then-jointly occupied residence is owned by Party 1 as her sole and separate property or rented by her in her name alone, Party 1 shall vacate within 30 days after the Parties’ separation. Finally, if either party hereafter terminates this Agreement for any reason other than a marriage between them, within fifteen days from the date of termination, the Parties shall be required to execute a further Mutual Release Agreement including waivers of any and all claims hereafter arising between the Parties, and Party 2 shall be required to pay the moving and relocation expenses of Party 1 up to a maximum of $
_______________ [
insert amount, for example, $1500].
4.
Property Division;
Birth of Children: Upon termination, any property jointly or separately held by the Parties shall continue to be held as a separate property interest of each party for purposes of the property laws of the state of
__________________ [
state]. In addition, if the Parties subsequently have any children together, that fact will not expand the obligations and limitations of this Agreement except as otherwise provided by
__________________ [
state] law relating to child custody and child support.
5.
Complete Agreement:
The Parties intend that this Agreement is the full and complete agreement between the Parties regarding the subject matter hereof, and that no other agreements between the Parties exist concerning the same. The Parties may only modify this Agreement or create any new agreements through a formal and definitive written instrument manually signed by the Parties . The Parties’ oral and electronic communications, including but not limited to emails, instant messages, text messages, iMessages, and all other forms of electronic communications, under no circumstances, shall suffice to amend, supersede, or modify this Agreement.
6.
Severability: If any provision of this Agreement is deemed invalid or unenforceable, it shall be deemed severable from the remainder of the Agreement and shall not cause the invalidity or unenforceability of the remainder of the Agreement. If such a provision is deemed invalid because of its scope or breadth, the provision shall be deemed valid to the extent of the scope or breadth is permitted by law.
7.
Governing Law: This Agreement shall be governed by, interpreted and construed in accordance with the laws of the state of
__________________ [
state].
The Parties have executed this Agreement on
_________________ [
Date].
_________________________________[Insert printed name of Party 1]
_________________________________[Insert printed name of Party 2]
