ContractsCounsel Logo
Home Blog Cohabitation Agreement Review

Jump to Section

ContractsCounsel has assisted 72 clients with cohabitation agreements and maintains a network of 44 family lawyers available daily.

A cohabitation agreement is a legally binding contract between unmarried individuals who live together. This agreement outlines the rights, responsibilities, and financial obligations of each party while they reside together and what happens in the event the couple separates. The purpose of a cohabitation agreement is to provide unmarried couples with protection in the absence of marriage-related legal frameworks.

How Do I Review a Cohabitation Agreement?

Before entering into a cohabitation agreement, the contract should be thoroughly reviewed to ensure fairness and legality.

Follow these steps to review a cohabitation agreement:

  1. 1. Read the entire contract Take your time to read the entire agreement from beginning to end. The terms in the contract should accurately represent what you and your partner have agreed upon.
  2. 2. Take notes Make a note of any terms or provisions that may be unclear or need to be discussed and revised. It is important to avoid ambiguous language and to make sure both parties fully understand the contract.
  3. 3. Ensure full disclosure A cohabitation agreement needs to include all relevant personal and financial information of each party. If either party fails to make a full and honest disclosure, it could result in the contract being void.
  4. 4. Negotiate and revise If there are any clauses that concern you, be prepared to renegotiate these terms to ensure a fair and mutually beneficial agreement.
  5. 5. Seek legal advice Before entering into a legally binding agreement, you should always consult with an attorney. An attorney can review the contract to make sure that it is in your best interest.

The review process is an important step in drafting and executing a cohabitation agreement. It is a good idea for both parties to have legal representation to advocate for their best interests. A thorough contract review will help avoid common contract issues and can save the couple time and money down the road if an issue ever arises.

See Cohabitation Agreement Pricing by State

What Should You Include in a Cohabitation Agreement?

A comprehensive cohabitation agreement needs to include provisions relating to finances, property, responsibilities, and rights. You will find the following clauses in most cohabitation agreements:

  • Living arrangements A provision that details where the couple will live (physical address of the property) and which party’s name is on the lease or mortgage.
  • Start date and duration The day the agreement will go into effected and the intended duration of the contract.
  • Full disclosure Both parties should fill out financial disclosure affidavits along with the cohabitation agreement. This ensures honesty and transparency during the agreement process.
  • Financial matters An outline of how finances will be managed during the relationship and in case of separation. This section is one of the most important sections of the cohabitation agreement and should be as detailed as possible. Financial matters include who is responsible for living expenses (mortgage, utilities, etc.), shared expenses, and potential financial support arrangements if the couple separates.
  • Property and assets How property and assets acquired individually or jointly during the relationship will be divided if the relationship ends.
  • Debt and liability How jointly and individually incurred debts and liabilities will be divided.
  • Responsibilities of each party Each partner’s roles in terms of household chores, childcare, and other shared obligations.
  • Dispute Resolution The process for resolving disputes that might arise during the relationship or after its termination.
  • Termination clause The conditions under which the agreement can be terminated like getting married or deciding to end the cohabitation.
  • Signatures A cohabitation agreement must be signed by both parties.

A cohabitation agreement can include additional customized clauses to suit the needs of both parties. It is always recommended that a couple seek legal advice when drafting and reviewing a cohabitation agreement. Some provisions, like terms about child custody may not be legally enforceable and shouldn’t be included in this contract. A lawyer can review the terms to make sure that the contract follows all applicable laws and will be legally valid.

How Binding is a Cohabitation Agreement?

Typically, once a couple enters into a valid cohabitation agreement, the contract is legally binding. However, there are some factors that may render the contract void or unenforceable.

The contract must follow all laws and regulations that govern these types of contracts in the jurisdiction where the contract is formed. Different laws and regulations can include requiring witnesses or notarization to be legally enforceable.

Both parties must enter into the contract voluntarily and be fully informed of each other’s financial situation. The use of financial disclosure affidavits will ensure transparency when making decisions.

Any contract that is signed under fraud, duress, or coercion is typically unenforceable. The contract should be fair and conscionable at the time of signing.

As long as the cohabitation agreement follows all laws relating to contract formation, it will be legally binding and enforceable.

Meet some lawyers on our platform

Daniel K.

11 projects on CC
CC verified
View Profile

Pura R.

63 projects on CC
CC verified
View Profile

Meghan T.

36 projects on CC
CC verified
View Profile

Sara S.

163 projects on CC
CC verified
View Profile

Why Would Someone Want a Cohabitation Agreement?

The purpose of a cohabitation agreement is to provide unmarried couples who live together with similar securities to those of married couples. A couple will execute a cohabitation agreement for many different reasons including:

  1. Financial security, especially when one partner has a significantly higher income or more assets than the other.
  2. Protection of assets that are acquired while living together.
  3. A comprehensive plan to divide assets and debts in the event the couple separates.
  4. A set plan for unforeseen events like death of a partner.
  5. An open and clear avenue for communication regarding finances, assets, future planning and expectations throughout cohabitation.

A cohabitation agreement is a great tool for couples who want to reside together and enjoy certain protection and security without being legally married. This contract can help define the relationship and provide a sense of security and predictability in case of separation or other significant life changes.

Does a Cohabitation Agreement Have to be in Writing?

Yes, a cohabitation agreement should always be in writing. While the laws regarding contracts will vary in different jurisdictions and a verbal agreement may be enforceable, it is always better to have a written and signed contract.

When a contract is in writing there are clear terms and conditions that can easily be enforced. The document serves as proof of the couple’s intention to enter into the contract and be bound by the terms within.

If a dispute arises, the physical document will serve as evidence of the agreement and the terms can be interpreted to resolve the dispute or enforce the contract provisions.

Should I Hire a Lawyer to Review a Cohabitation Agreement?

Yes. Before executing a cohabitation agreement, you should always hire a lawyer to review the contract. A cohabitation agreement can have a significant impact on your relationship and your future and must be drafted correctly.

A lawyer will review the contract to ensure it is free from mistakes and all the terms are legally enforceable. In addition, a lawyer can help explain complex terms and help customize the agreement to best suit the needs of both parties.

Get Help with Hiring an Attorney

Do you need help with a cohabitation agreement? If so, post a project in ContractsCounsel's marketplace to receive bids from lawyers who are licensed to practice law in your state and can handle your project. All lawyers on the ContractsCounsel's platform are vetted by our team to make sure you are provided with top-tier service.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Cohabitation Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,085 reviews

Meet some of our Lawyers

Daehoon P. on ContractsCounsel
View Daehoon
4.7 (123)
Member Since:
November 26, 2021

Daehoon P.

Corporate and Commercial Lawyer
Free Consultation
New York, NY
8 Yrs Experience
Licensed in NY
American University Washington College of Law

Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.

Michael M. on ContractsCounsel
View Michael
4.9 (317)
Member Since:
September 10, 2022

Michael M.

Principal
Free Consultation
Los Angeles, CA
37 Yrs Experience
Licensed in CA
NYU

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (437)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

David L. on ContractsCounsel
View David
5.0 (2)
Member Since:
July 11, 2023
Jennifer W. on ContractsCounsel
View Jennifer
5.0 (4)
Member Since:
May 24, 2023

Jennifer W.

Immigration Attorney
Free Consultation
New York
10 Yrs Experience
Licensed in CT
Quinnipiac University Law School

I am an Immigration attorney specializing in business, corporate, and family immigration. I have served the immigrant (EB1A/B/C, NIWs, and PERM) and non immigrant (H, L, O, TN, E) needs for individuals, families, start-up companies, and some of the largest financial and commercial companies. I have experience with adjustment of status and consular processing. Please let me know how I can serve your immigration needs.

Meagan K. on ContractsCounsel
View Meagan
Member Since:
May 23, 2023

Meagan K.

Attorney
Free Consultation
Charlottesville, Virginia
10 Yrs Experience
Licensed in VA
George Mason University School of Law

Meagan Kirchner has nearly a decade of experience in Immigration law. She has significant experience working on H-2B immigration matters. Her practice also focuses on business immigration, particularly representing corporate clients pursuing H, E3, TN, O, and L nonimmigrant classifications, as well as lawful permanent residence (EB-1A, NIW, EB-1C). Meagan has represented clients in a variety of industries including agriculture, hospitality, healthcare, IT, engineering, and finance. Meagan has a Bachelor of Science degree in Business from George Mason University and a Juris Doctor degree from the George Mason University School of Law. She is licensed to practice law in Virginia and is also a member of the American Immigration Lawyers Association (AILA).

Barbara M. on ContractsCounsel
View Barbara
Member Since:
May 23, 2023

Barbara M.

Attorney/Owner
Free Consultation
Massachusetts
33 Yrs Experience
Licensed in MA, NY
Albany Law School

In 1991, Barbara Markessinis graduated cum laude from Albany Law School in Albany, New York. Shortly thereafter, Barbara was admitted to practice in New York State and in the United States District Court for the Northern District of New York. In 1997, Barbara was admitted to practice in Massachusetts and in April of 2009 she was admitted to the United States District Court for the District of Massachusetts. After graduating from law school, Barbara worked in private practice in the Albany, New York area and for Sneeringer, Monahan, Provost & Redgrave Title Agency, Inc. before joining the New York State Division for Youth and the New York State Attorney General's Real Property Bureau as a Senior Attorney. During her tenure with the Division for Youth, Attorney Markessinis found herself in Manhattan Family Court in front of Judge Judy! A career highlight for sure! After admission to the Massachusetts Bar, Barbara returned to private practice in the Berkshires and eventually started her own firm in June of 2006. Attorney Markessinis offers legal services in elder law, estate planning and administration/probate, family law, limited assistance representation (LAR), real estate and landlord tenant disputes. In 2016, after a family member found themselves in need of long term care, Attorney Markessinis’ launched her elder law practice. Through this experience, Attorney Markessinis discovered that the process of selecting a long term care facility and/or caregiver, applying for MassHealth and preserving an applicant’s assets are serious issues faced by many people every day. This area of the law is Barbara’s passion and she offers her legal services to families who find themselves in need of an elder law attorney. Attorney Markessinis is part of the Volunteer Legal Clinic in the Berkshire Probate & Family Court and has provided limited free legal services to patients and families at Moments House cancer support center in Pittsfield. She currently serves as a Hearing Committee Member for the MA Board of Bar Overseers and is a member of the Berkshire County and Massachusetts Bar Associations, Berkshire County Estate Planning Council (BCEPC). Attorney Markessinis is also the host of WUPE Talks Law. She also serves on the Town of Hancock Zoning Board of Appeals and Planning Board.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Cohabitation Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,085 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Family Lawyers
COHABITATION AGREEMENT REVIEW LAWYERS BY CITY
See All Cohabitation Agreement Review Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Cohabitation Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,085 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city