Cohabitation Agreements for Unmarried Couples

Moving in together is one of the biggest steps in any relationship. For married couples, the legal system provides a default framework for shared property, financial obligations, and what happens when things end. For unmarried couples, there is no such framework. If you split up without a cohabitation agreement, you are likely looking at confusion, conflict, and potentially costly legal battles over who owns what.

A cohabitation agreement fills this gap. It defines how you will handle finances, property, and responsibilities while living together—and what happens to all of it if the relationship ends.

Disclaimer: This article provides general guidance for informational purposes only. It is not legal advice. Cohabitation agreements can have real legal implications, and their enforceability varies significantly by jurisdiction. Consult a licensed attorney in your area before finalizing any cohabitation agreement, especially one involving property, debt, or significant financial commitments.

Why Unmarried Couples Need This

When married couples divorce, courts apply established rules for dividing property. When unmarried couples split up, courts generally treat each person as an individual—meaning the person whose name is on the title, lease, or account keeps everything, regardless of who actually paid for it.

This creates real problems:

You paid half the mortgage for five years, but the house is in your partner's name. You may have no legal claim to the property.
You bought furniture together, but receipts are in one person's name. Who keeps the couch?
One person sacrificed career advancement to support the household. There is no legal mechanism for compensating that contribution.
Joint bank accounts, shared subscriptions, intertwined finances—untangling all of it without an agreement is a nightmare.

A cohabitation agreement does not have to be pessimistic. It is not about planning for failure. It is about making sure that both people are protected while building a life together.

What to Include

1. Property and Assets

What you each bring in:

List significant assets each person owns before moving in together (vehicles, savings, investments, valuable personal property)
Clarify that pre-cohabitation assets remain individual property

What you acquire together:

How will jointly purchased items be owned? 50/50? Proportional to contribution?
Whose name goes on major purchases?
How do you handle appreciation of joint assets (e.g., a home that increases in value)?

What happens to property if you separate:

Who keeps what?
How do you divide jointly owned items?
Is there a buyout option for major assets?

2. Housing

Whose name is on the lease or mortgage?
How is rent or mortgage split?
Who pays for maintenance and repairs?
If one person owns the home, does the other build any equity through contributing to the mortgage?
What happens to the living situation if you break up? Who stays, who goes, and what is the timeline?
If renting, who is responsible for the lease if one person moves out?

3. Day-to-Day Finances

Joint bank account, separate accounts, or both?
How are shared expenses divided? (Equal split, proportional to income, one person covers specific categories)
Who pays for groceries, utilities, internet, streaming services?
How do you handle unexpected expenses (appliance repair, medical bills)?
Are there spending thresholds that require both partners' agreement?

For guidance on writing financial terms in any agreement, see our article on writing financial terms clearly.

4. Debt

This is one of the most important and most overlooked sections:

Each person's existing debt is their own responsibility (specify this clearly)
How do you handle new debt taken on during cohabitation?
What if one person co-signs for the other?
Credit card debt for shared expenses—whose responsibility?

5. Income and Career Considerations

If one person earns significantly more, how does that affect the financial split?
If one person reduces their work hours or career trajectory to support the household (childcare, relocation, homemaking), how is that contribution valued?
What happens to shared finances if one person loses their job?

6. Household Responsibilities

While this section feels more like a roommate agreement, it matters for cohabiting couples too:

Division of household chores
Maintenance responsibilities
Decision-making about shared spaces (furniture, decor, renovations)

7. What Happens If You Separate

This is the section that makes people uncomfortable and the one that provides the most value:

Notice period: How much time does each person get to find alternative housing?
Financial separation: Timeline for untangling shared accounts and expenses
Property division: Follow the rules you established in section 1
Shared pets: Who keeps the pets? Is there a visitation arrangement?
Ongoing obligations: Does either person owe anything to the other after separation? (This is jurisdiction-dependent—see the legal note below.)

8. Future Planning

What triggers a revision of this agreement? (Change in income, job loss, inheritance, having children)
Do you plan to revisit the agreement at a set interval (annually)?
What happens if you eventually marry? (Most cohabitation agreements are superseded by marriage.)

Legal Considerations

Important: The enforceability of cohabitation agreements varies significantly by jurisdiction. Some states and countries recognize them as binding contracts. Others do not. Some require specific formalities (notarization, independent legal counsel for each party, full financial disclosure) for the agreement to hold up.

Key legal points to discuss with an attorney:

Common-law marriage: Some jurisdictions recognize common-law marriage after a period of cohabitation. Understand whether this applies where you live and how it affects your agreement.
Palimony: In some jurisdictions, long-term cohabiting partners may have financial obligations similar to alimony. Your agreement can address this.
Property rights: In most places, simply contributing to a mortgage does not automatically give you ownership rights. Your agreement can establish how contributions are treated.
Enforceability requirements: Your attorney can tell you what is needed for your agreement to be enforceable in your jurisdiction—typically written form, voluntary execution, full disclosure, and sometimes independent legal advice for each party.

What People Get Wrong

"We don't need this—we're not married for a reason." The absence of marriage is actually the reason you need this. Marriage comes with a built-in legal framework. Cohabitation does not. Without an agreement, you have fewer protections, not more.

"We'll deal with it if we break up." By then, emotions are high, communication is strained, and both people remember the arrangements differently. The time to agree on division is when you are both calm and committed to fairness.

"It means we don't trust each other." It means you are both adults who understand that circumstances change. Trust is not a substitute for planning. A cohabitation agreement actually strengthens trust by removing financial ambiguity from the relationship.

"A template from the internet is good enough." For simple situations, a template can be a useful starting point. For anything involving real property, significant assets, debt, or children, you need an attorney. The cost of legal advice is a fraction of the cost of a disputed separation.

The Bottom Line

A cohabitation agreement is one of the most practical things unmarried couples can do. It protects both partners, clarifies expectations, and provides a roadmap for the difficult conversations that no one wants to have during a breakup.

Have the conversation now. Write it down. And seriously consider consulting a lawyer in your jurisdiction to make sure it holds up.

For more on structuring agreements, visit our Writing Your Agreement hub, and explore other types of casual agreements that benefit from clear terms.