Cohabitation / Non-Marital Living Agreement

Cohabitation / Non-Marital Living Agreement: a practical guide

A Cohabitation / Non-Marital Living Agreement is a written record of arrangements between people who share a home without marrying each other. It can help clarify how they will handle housing, money, belongings, and what they expect if they stop living together.

What it's for

People use this document to discuss and record practical arrangements before moving in together or while they share a home. They can use it to clarify who pays which costs, how shared purchases are handled, and what each person expects if the living arrangement ends.

The agreement is most useful when both sides discuss the terms openly and write them in specific, understandable language. It does not by itself change a lease, property record, loan, or other arrangement with someone outside the agreement. If the main issue is dividing property after a marriage ends, a different type of document may fit better.

Who uses it

• Unmarried partners planning to move in together.
• People already sharing a home who want to put their financial arrangements in writing.
• Partners where one person owns or rents the home and the other will contribute to costs.
• People buying furniture, equipment, or other items together.
• Partners who want to agree in advance on practical steps if they separate or one person moves out.

Terms to decide on

Home and occupancy

Identify the home and say who plans to live there, who holds the lease or ownership interest, and whether either person expects to have guests or another occupant. Make clear that the agreement records arrangements between the parties and may not change the rights or duties in a separate lease or property record.

Housing costs and household expenses

List which costs each person will pay, such as rent, utilities, internet, repairs, or shared supplies, and how payments will be made. State whether contributions are fixed, divided by a stated method, or reviewed when circumstances change.

Deposit, repairs, and improvements

Record who paid any security deposit and how the parties expect to handle its return or deductions. Agree in writing on approval and payment for repairs or improvements, and whether either person expects repayment or a share of any value added.

Personal and shared property

State who owns important items already brought into the home and how the parties will identify items bought together. Describe how shared items will be divided, sold, or kept, including how the parties will settle any agreed payment between them.

Separate finances and shared accounts

Clarify which expenses each person will handle individually and how the parties will use any shared account or payment method. Say who will contribute, which bills it covers, and how the parties plan to handle any remaining balance if they stop living together.

Moving out or separation

Describe the practical steps the parties intend to take if one or both move out, including how they will handle rent and bills during the transition and arrange collection of belongings. Check local rules before relying on any planned move-out process or timing.

Common mistakes

• Using vague phrases such as “split expenses fairly” without explaining which expenses are included or how the split is calculated.
• Treating a payment toward rent, a deposit, or improvements as automatically creating an ownership share. Say what each payment means and keep supporting records.
• Leaving jointly purchased items off the written list, or failing to keep receipts that show who paid.
• Assuming this agreement changes a lease, loan, property record, or another person's rights. Check and address those separate arrangements directly.
• Writing a move-out plan that does not say what happens to bills, belongings, or shared purchases during the transition.

Before you sign

• Read the whole document together and resolve unclear or conflicting terms.
• Check that each person's name, address, and other identifying details are accurate.
• Compare the written arrangements with any lease, property, or payment records they relate to.
• Add any agreed terms that are missing, using clear amounts, dates, and responsibilities where appropriate.
• Keep copies of receipts, payment records, and any list of personal or shared property.
• Check local rules on signing, witnesses, notarization, registration, notice periods, or required wording, or ask a qualified lawyer if a lot is at stake.