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COHABITATION / LIVING TOGETHER AGREEMENT
FOR GAY AND LESBIAN COUPLES
AGREEMENT made this __________________ day of _________________,
20___, by and between ________________, "First Party",
and _______________, "Second 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. 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 either party for the benefit of the other
during the course of their joint residency. The furnishing of sexual
services shall in no way be construed as consideration for this
Agreement.
2. Disclosure of Current Financial Status. Each party has fully
and completely, to the best of his/her knowledge, disclosed to the
other party his/her current financial condition including all assets
and liabilities. Each party has attached a balance sheet to this
agreement indicating his/her current assets and liabilities with
the understanding that this balance sheet reflects his/her current
financial status to the best of his/her ability.
3. Division of Living Expenses. Necessary and jointly approved
living expenses shall be apportioned between the parties as follows:
The First Party shall contribute _____________ percent ( ____%)
per month;
The Second Party shall contribute _____________ percent ( ____%)
per month.
The parties shall deposit their pro rata contributions monthly
into the joint checking account of the parties. Either party may
draw upon this checking account. Any property purchased from this
checking account shall be considered joint property of the parties,
owned according to the respective party's percentage of contribution
stated above.
4. 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 or wages 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Legal Names of Parties. Each party shall retain his/her legal
name, including surname, as printed and signed in this Agreement.
10. 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.
11. Death of Party. Upon the death of either party, the surviving
party waives all rights to support by the deceased party.
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 both 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
_________________________________
Witness
_________________________________
Witness
