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Because the objectives people have who enter into cohabitation agreements are as varied and unique as their relationships, there is no such thing as an effective cookie cutter cohabitation form agreement. Cohabitation agreements are extremely flexible documents, which are not subject of the same stringent legal requirements that govern matrimonial agreements under the Family Code. There is a myriad of issues that may be addressed in a cohabitation agreement, including all of the following:

● the goals and expectations for the relationship;

● the duration of the agreement;

● ownership, management and control of property and income;

● dividing the principal residence upon breakup of the relationship;

● the parties’ responsibilities for debts, including distributing property in case of death or breakup;

● definitions of and responsibilities for support and living expenses including specifying health insurance coverage;

● household arrangements, including responsibilities for household chores;

● personal and interpersonal relations (e.g., use of surname, provision for illness or disability of one partner);

● relations with others outside the contractual relationship (including career, social and community commitments);

● establishing the circumstances and conditions when one party may have the right to make medical decisions for the other;

● determining the right to serve as guardian/conservator in the event of incapacitation;

● provisions regarding care, custody and support of children from prior relationships;

● procedures for changing the contract, resolving disputes or ending the contract, including mediation.

 

 



 

 

 

 

 

 

 

 

 

 

 

 

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What Subjects May be Covered in a Cohabitation Agreement?

 

 
     
         
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