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A cohabitation agreement is a legally binding contract signed by unmarried couples who live together or plan to do so. A cohab, as it is sometimes called, is just like a prenup, and it helps both parties establish laid-down financial agreements for their relationship.
Both spouses must agree that they're married. Each spouse has to express or vocalize an intent to be married to the other. Both spouses must confirm that they're married by "cohabitation and public repute." "Cohabitation" means that the spouses have to live together, although it doesn't necessarily matter how long.
In general, states will uphold cohabitation agreements that are written. They are legally binding as long as one partner didn't force the other partner to sign the contract. Further, make sure that the contract doesn't contain anything illegal.
Cohabitation agreements are governed by California contract law, meaning they must be legally sound and follow all appropriate requirements in order to be enforceable. Cohabitation agreements should be made in writing, reviewed by each party's separate legal counsel, and signed by both parties.
To create a legally binding cohabitation agreement, you and your spouse must be completely open and honest about your financial situations and you must both sign the agreement in front of a witness. There cannot have been any pressure or threats involved in signing the agreement.
Use LawDepot's Cohabitation Agreement template to write your own document. Of course, each partner should get independent legal advice to ensure the agreement is fair. However, you can save time and money by drafting this document yourself and bringing it to your lawyer for a quick review.
A cohabitation agreement can include all sorts of dispositions, as long as they are in agreement with the law. The document can be notarized or done through private signature. It's recommended to get it notarized, however, as it will be harder to contest and will remain preciously inscribed in the notary's minutes.
FAQ Fill out the names and contact information of both parties. ... Describe the relationship between the two parties, including how long you have been living together. Provide any additional details about your living arrangement that support your claim of cohabitation.