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Model Cohabitation Agreement For Domestic Partners - Parties To Share Residence, Earnings And Accumulated Property - Support Provisions

Model Cohabitation Agreement for Domestic Partners – Parties to Share

Residence, Earnings and Accumulated Property – Support Provisions

Editor’s Note:

This agreement is designed for use by two persons of the same or opposite

sex(es) who desire to establish and maintain a non-registered cohabitation

relationship in which one person financially supports the relationship and the other

renders various homemaking services. Exhibits listing any assets currently owned

and obligations currently owed by each party should be attached to the agreement

(see Paragraph 3).

The form generally provides that the parties will jointly own any property

acquired during the relationship (see Paragraph 4). The form also contains an

optional paragraph for use if one of the parties already owns a residence and the

parties agree that any increase in value occurring during the relationship is to be

shared (see Paragraph 5). The signatures of the parties are acknowledged by a

notary public.

This form may also be modified to serve as an agreement between two

unregistered persons who are either (1) both gainfully employed and intend to

share jointly accumulated property, or (2) both gainfully employed and intend to

share only household and related expenses.

Two alternative support provisions provide for the financial support of one

party to the relationship. One provision requires that the gainfully-employed party

support the other party after the relationship ends. This provision protects a party

who has, perhaps, foregone educational and career opportunities for the sake of the

relationship and who depends on the earnings of the other party to the relationship.

The second alternative also provides that the gainfully-employed party is to

provide the other party with support; however, the obligation to provide support is

to continue only so long as the cohabitation relationship continues. This alternative

also includes a provision that the parties disclaim any right to support after the

relationship ends.

FORM

UNREGISTERED DOMESTIC PARTNERSHIP COHABITATION AGREEMENT

This Agreement is made on _________________ [date] between _________________

[name of first party] (First Party or identify by name) and _________________ [name of

second party] (Second Party or identify by name).

Model Cohabitation Agreement For Domestic Partners - Parties To Share Residence, Earnings And Accumulated Property - Support Provisions