Support obligation between unmarried partners after the relationship ends. The term comes from Marvin v. Marvin (CA Supreme Court 1976). California, New Jersey, and a few other states recognise palimony based on express or implied contracts between unmarried partners. Most states do not. The cohabitation agreement can either provide for support (creating a contractual right) or expressly disclaim any support obligation.

What is common-law marriage?

A marriage formed without ceremony or license, by holding out as married and intending to be married. Currently recognised in: Colorado, Iowa, Kansas, Montana, New Hampshire (inheritance only), Oklahoma (limited), Rhode Island, South Carolina, Texas, Utah, plus DC. Other states recognise common-law marriages established in those states (full faith and credit). To form: must (1) hold yourselves out as married, (2) intend to be married, (3) live together, (4) have legal capacity to marry. Couples cohabitating without intent to be married should explicitly disclaim status in their cohabitation agreement.

Can my partner take half my stuff if we break up?

Generally no - unmarried partners have no claim to each other's separately-titled property. However: (1) jointly-titled property is owned as titled (typically 50/50 unless otherwise specified); (2) implied-partnership claims can support arguments that property was jointly intended; (3) constructive-trust theories can support claims that one partner contributed to the other's asset acquisition. The cohabitation agreement clarifies that each party's separate property remains separate and prevents these implied claims.

Is the cohabitation agreement enforceable?

Generally yes - treated as an ordinary contract. Courts enforce them more readily than prenuptials because there's no marital-fiduciary-duty heightened scrutiny. Standard contract requirements apply: mutual consideration (the cohabitation arrangement itself is consideration), capacity, voluntary execution. Notarisation is not required but recommended for formality.

What happens if we get married?

The cohabitation agreement should specify - either it terminates on marriage (and a separate prenup or default marital rules apply), or it can convert to a postnup (with appropriate language). Many cohabitation agreements explicitly say: "this Agreement terminates upon marriage between the parties; the parties intend to enter into a separate prenuptial agreement before marrying."

Cohabitation Agreement

Contract between unmarried partners living together - property rights, finances, and support obligations.

Customise

Party A — full name

Party B — full name

Shared address

Cohabitation start date

Governing state

Property treatment

Party A — financial contributions

Party B — financial contributions

Joint expenses handling

Property distribution if relationship ends

Common-law marriage waiver

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COHABITATION AGREEMENT

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This Agreement is between:

Party A: Jordan Alex Taylor
Party B: Aleksandra Petrova

Sharing residence at 482 Elm Street, Apt 3B, Portland, OR 97214 since March 15, 2025.

Governing state: Oregon

ARTICLE I - PROPERTY APPROACH

► Each party retains separate ownership of their own assets

ARTICLE II - FINANCIAL CONTRIBUTIONS

A. Party A:

Pays mortgage on the cohabitation home (which Party A owns separately).
Pays utilities, internet, and household maintenance.
Contributes 60% of joint household expenses (groceries, dining, household items).
Maintains separate retirement and brokerage accounts.

B. Party B:

Pays Party A monthly "rent" of $800 (covers Party B's share of housing costs).
Contributes 40% of joint household expenses.
Maintains separate accounts and retirement.
Responsible for own student-loan and credit-card debt.

ARTICLE III - JOINT HOUSEHOLD EXPENSES

A joint checking account at Chase (opened 2025-04-15) is used for shared household expenses (groceries, utilities, household items, joint social activities). Party A contributes $1,500/month, Party B contributes $1,000/month.
Larger one-time joint expenses (vacations, joint purchases) are split 50/50 unless otherwise agreed in writing.
Neither party is responsible for the other's individual expenses (clothing, personal items, family obligations).

ARTICLE IV - DISTRIBUTION ON RELATIONSHIP TERMINATION

1. Each party retains all separately-titled assets (bank accounts, retirement, real estate, vehicles).
2. Joint Chase checking account balance shall be split 60/40 (matching contribution percentages).
3. Joint personal property (furniture, household items purchased together) shall be divided fairly; the parties will attempt amicable division within 30 days, failing which they will use formal mediation.
4. Neither party shall be entitled to spousal support / palimony / common-law-marriage claims; each party expressly disclaims any such claim.
5. The cohabitation home (Party A's separately-owned condo) is and remains Party A's separate property; Party B has no equity interest, no claim to mortgage paid contributions, and shall vacate within 60 days of relationship termination.

ARTICLE V - NO COMMON-LAW MARRIAGE

The parties expressly state that they DO NOT intend their cohabitation to constitute a common-law marriage and DO NOT hold themselves out to others as married.
This is particularly important in states that recognise common-law marriage (currently: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance only), Oklahoma (limited recognition), Rhode Island, South Carolina, Texas, Utah, plus DC). Even where common-law marriage is not recognised, this Agreement clarifies the parties' intent for any future cross-state issues.

ARTICLE VI - GENERAL PROVISIONS

1. This Agreement may be modified only by a writing signed by both parties.
2. The parties have had the opportunity to consult independent counsel.
3. Each party has fully and fairly disclosed financial information to the other.
4. The Agreement is governed by the laws of the State of Oregon.

EXECUTION

_______________________________ Date: ____________________
Jordan Alex Taylor

_______________________________ Date: ____________________
Aleksandra Petrova

NOTARY ACKNOWLEDGEMENT (recommended)

State of Oregon )
) ss.
County of __________________ )

Sworn to and subscribed before me on _________________ (date).

________________________________
Notary Public — signature & seal

About this template

A cohabitation agreement is a contract between unmarried partners (heterosexual or same-sex) living together that establishes property rights, financial responsibilities, and the consequences of relationship dissolution. Unmarried cohabitants have NO automatic legal rights to each other's property under U.S. law - what is yours stays yours, and the other partner generally has no claim regardless of relationship duration or contribution. The classic California case Marvin v. Marvin (1976) established that unmarried partners can contract about property and support ("palimony"), but courts vary widely on enforcing implied agreements; explicit written agreements are far more reliable. Critical issues: (1) common-law marriage - 9 states + DC recognise common-law marriage in some form; couples in those states must explicitly disclaim such status if not intended; (2) implied partnerships - long cohabitation with mingled finances can support an implied partnership claim if the relationship ends bitterly; (3) constructive trust - one partner may claim a constructive trust over property the other partner acquired during cohabitation, citing contributions to the relationship; (4) palimony - support obligation between unmarried partners; recognised in some states (California, New Jersey), denied in others. Cohabitation agreements address all of these explicitly. The agreement should clearly disclaim common-law marriage, define property treatment (separate vs joint), specify joint-expense handling, and define what happens at relationship end. Enforceability is generally easier than for prenups (courts treat as ordinary contracts); but full disclosure and voluntary execution are still recommended. Common-law marriage states require specific language disclaiming intent. For couples with significant assets, business ventures, or where one party will sacrifice career for relationship, individual counsel is strongly recommended.

When to use it

Unmarried partners (same-sex or heterosexual) living together.
Long-term relationships without intent to marry.
Couples sharing significant assets without marriage.
After significant financial entanglement (joint accounts, joint investments).
Couples in common-law-marriage states wanting to disclaim such status.

What to include

Both parties' identification.
Cohabitation start date and shared address.
Property treatment approach (separate, joint, pooled).
Each party's financial contributions.
Joint expense handling.
Distribution on relationship end.
Express common-law-marriage disclaimer.

Frequently asked

Generally no. Unlike marriage (which creates default marital-property rights), cohabitation creates no automatic rights. What's in your name stays yours; what's in theirs stays theirs; jointly-titled assets are held as you titled them. The cohabitation agreement formalises this default and adds clarity around joint expenses and exit.

⚠ Legal disclaimer. Cohabitation agreement law varies significantly by state. Common-law marriage states (Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, DC) require specific disclaimer language. Palimony recognition varies (California, New Jersey, NY in limited form). Same-sex couples should consult attorneys regarding ongoing changes in legal recognition. For substantial assets, business interests, or complex shared finances, work with family-law counsel.