NON-MARITAL COHABITATION / LIVING TOGETHER
AGREEMENT
AGREEMENT made this __________________ day of _________________, 20___, by and between ________________________________________________,
"First Party", and _______________________________________________________, "Second Party. and _______________________________________________________
"Third Party.
WHEREAS the parties are presently residing with each other at ______________________________________________________,
have been doing so since _________________________ and intend to continue living together in this arrangement;
WHEREAS
the parties desire to affix and define their respective property rights and liabilities arising from their joint residency;
WHEREAS the parties each acknowledge that they enter into this agreement voluntarily, without any duress or undue
influence, and that each has had the opportunity to consult with counsel of his/her choice;
THE PARTIES HEREBY
AGREE:
1. Marital Status. The joint residency of the parties of the "First" and "Second" part
shall in no way render the party of the "Third" part to be married to either the party of the "First"
part or "Second" part, by operation of common law or any other operation of law.
2. Consideration. Consideration
for this Agreement consists solely of the mutual promises herein contained and the mutual promises of each party to act as
the living companion and partner to the other. This Agreement fully contemplates and compensates any and all services provided
by any party for the benefit of the other during the course of their joint residency.
3. Disclosure of Current
Financial Status. Each party has fully and completely, to the best of his/her knowledge, disclosed to the other parties his/her
current financial condition regarding all liabilities.
4. Division of Living Expenses. Necessary and jointly approved
living expenses shall be apportioned between the parties as follows:
The parties shall deposit their pro rata contributions
monthly into the joint checking account of all three parties. These contributions shall be for the sole purpose of the living
expenses incurred and shall be divided equally between all three parties. This joint checking account shall be monitored by
all three parties.
5. Separate Property. The parties shall keep the following properties as
the separate property of the recipient and said properties shall not be subject to division at the termination of this Agreement:
(a) Individual earnings, salary, wages, bonuses, dividends or royalties acquired before or after the execution of this
Agreement;
(b) Individual gifts, bequests, devises or inheritances acquired before or after the execution of this Agreement;
(c) All property, real or personal, owned by a party at the date of execution of this Agreement;
(d) All income
or proceeds derived from the aforementioned properties.
6. Joint Property. All property acquired by the parties after
the execution date of this Agreement and before the termination of this Agreement and procured jointly with joint resources
and funds shall be considered joint property of the parties with each party possessing his/her aforementioned percentage of
ownership.
7. Commingling of Property. Absent a reasonable demonstration of sole ownership, where either party commingles
joint property with separate property, any commingled property shall be presumed to be joint property of the parties.
8. Division of Property upon Termination. Upon termination of this Agreement or termination of the joint residency, all
jointly owned property shall be divided among the parties according to their pro rata share listed above. If the parties are
unable to agree on the appropriate division of joint property, they may appoint an independent and mutually agreed upon Third-party
to act as Appraiser. The Appraiser shall divide the property among the parties according to his/her pro rata share.
9.
Duty of Good Faith. This Agreement creates a fiduciary relationship between the parties in which each party agrees to act
with the utmost of good faith and fair dealing toward the other in the management of their joint property and in all other
aspects of this Agreement.
10. Legal Names of Parties. Each party shall retain his/her legal name, including surname,
as printed and signed in this Agreement.
11. Duration of Agreement. This Agreement shall become effective
at the date of execution and shall remain in effect until termination. Termination shall be effected by written notice by
either party, cessation of the joint residency by either party or death of either party. Either party may terminate this Agreement
unilaterally at any time.
12. Complete Agreement. It is the intent of the parties that this Agreement be the full
and complete agreement between the parties regarding their joint residency. There are no other agreements between the parties
regarding their joint residency other than those stated herein. This Agreement shall only be modified by a writing executed
by all three parties hereto.
13. Severability of Provisions. Should any paragraph or provision of this Agreement be
held invalid, void, or otherwise unenforceable, it is the intent of the parties that the remaining portions shall nevertheless
continue in full force and effect without impairment.
14. Governing Law. This Agreement shall be governed by,
interpreted and construed in accordance with the laws of the State of __________________________
IN WITNESS WHEREOF
, the parties have executed this Agreement at ______________________________ on this _____ day of _____________________________,
20___.
_________________________________ First Party
_________________________________ Second Party
_________________________________Third Party
_________________________________
Witness
_________________________________
Witness