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What Topics Should be In a Cohabitation Agreement?

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When you are creating a cohabitation agreement, it is important to be as thorough as possible. This is going to be one of the best ways to be thorough about some of the things that need to happen and will protect both parties if a breakup does happen. When it is done the right way, this document will be accepted by the courts and can save a lot of money and time when they are breaking up.


There are a number of topics that need to be discussed in this cohabitation agreement. Some of these include: 

  1. Property: If the two partners own property, either together or separately, they will need to discuss what would happen with that when they break up. Usually property that is owned by one partner will go with them, but joint property can be more difficult to work through.
  2. Children: When there are children in the relationship, you will need to discuss what will happen to them. This can include custody and visitation rights. Doing this ahead of time can make sure the children are taken care of well without the fighting.
  3. Possessions: If there are special possessions that need to be split up, then this needs to be set up ahead of time. You can decide who is going to get each item too.
  4. Health care: If one partner is on the health care of the other, then they will need to consider how that will be handled if they will split up later on.
  5. Debts: When the partners have debt that they bring into the relationship or they come up with in the process of the relationship, they will need to figure out whether one or both will still be responsible for the debts when the relationship is over.
  6. Special circumstances: Each relationship is special and you will need to think about some of the circumstances that need to be handled on your part before you go through a breakup. Your lawyer will be able to look at the situation for you.


When you and your partner are looking at creating a cohabitation agreement, there are a lot of topics that you will need to go through in order to get this to work. Both sides should have a lawyer on their side in order to have their interests at hand and discussing all of these topics ahead of time will ensure that both parties are able to think about it logically and fairly. With the right legal counsel, you will be able to come up with a cohabitation agreement that is good for both sides.