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Model Cohabitation Agreement For Domestic Partners - Parties To Share Residence, Earnings And Accumulated Property - Support Provisions Page 5

As used in this Agreement, the permanent separation of the parties means

that the parties have been regularly living apart in separate dwelling places for a

period of at least _________________ [specify period, e.g., one month] after one party has

notified the other in writing that [he or she] intends to cease cohabitation with that

party.

10. Division of Property

On termination of this Agreement, the parties shall immediately divide their

jointly-owned property. The jointly-held property shall be divided equally, unless

otherwise agreed to by the parties. [Optional: In addition, _________________ (First or

Second) Party shall be entitled to [his or her] share in the increase in value of the

real property described in Paragraph 5.] [Optional: If the parties are unable to agree

on a division of their property, the parties agree to submit the valuation,

characterization, and division of their property to binding arbitration, as further

provided in Paragraph 11.]

[Optional Provision:]

11. Arbitration of Disputes

If the parties separate and are unable to agree on a division of their property

or on any other right or obligation under this Agreement, then they shall submit the

matter for resolution by arbitration to be conducted in accordance with the

provisions of this Paragraph. The parties shall jointly designate a person to act as

arbitrator. In the event that the parties cannot agree on the designation of an

arbitrator, the following provisions shall apply: Each party shall designate a person

to act as an arbitrator. The two persons designated by the parties shall then agree

on a third person to act as an arbitrator, thereby creating an arbitration panel of

three persons. Each party shall submit to the arbitrator or the arbitration panel, as

the case may be, a written statement regarding all issues in dispute along with any

relevant documents. In making his, her, or its decision, the arbitrator or the

arbitration panel, as the case may be, shall take into account all relevant facts and

circumstances. The decision of the arbitrator or the arbitration panel, as the case

may be, shall be binding on both parties. Each party shall pay _________________ [one-

half or specify other percentage] of the fees, if any, charged by the arbitrator(s) for

their services. However, any issue regarding the custody, visitation, or support of

any child born to the parties or adopted by them shall be submitted to a court of

competent jurisdiction.

Model Cohabitation Agreement For Domestic Partners - Parties To Share Residence, Earnings And Accumulated Property - Support Provisions Page 5