What Is a Cohabitation Agreement?

A cohabitation agreement is a private legal contract between two unmarried individuals who live together in an intimate relationship or domestic partnership. It can outline how assets, debts, and expenses will be managed during the relationship — and, most importantly, how they’ll be divided if the relationship ends.

New York law does not grant cohabiting partners the same legal protections as married spouses. Without a written agreement, at the time of a breakup, you will have no legal right to support, no ability to enforce ongoing financial commitments, or any way to secure your share of joint investments (if your ownership interest isn’t properly documented).

For example, if you buy a home with your partner but your name isn’t on the deed, you have no legal claim to the property if the relationship ends — even if you contributed financially to the purchase, improvement, or upkeep of the home.

Here’s how our process works:

1. Comprehensive Initial Consultation

• Understanding Your Relationship: We begin with a confidential meeting to learn about your relationship, your financial situation, and your goals for the agreement.
• Identifying Priorities: We help you identify key areas that should be addressed, including:
  • Division of shared expenses (rent, utilities, groceries)
  • Ownership of property acquired before and during the relationship
  • Debt responsibility (credit cards, loans)
  • Bank accounts (joint vs. separate)
  • Retirement accounts and savings
  • Ownership of pets
  • Financial support or contributions, if the relationship ends
  • Procedures for resolving disputes
• Addressing Concerns: Whether you are protecting significant assets, establishing clear financial responsibilities, or simply ensuring a fair arrangement, we listen carefully and provide clear advice.

2. Customized Drafting of Your Cohabitation Agreement

• Tailored to Your Needs: Our attorneys draft a clear, personalized agreement that reflects your priorities and protects your interests.
• Legally Enforceable Language: We ensure that your agreement is written in clear, precise language that is legally binding in New York.
• Inclusion of Key Provisions, your agreement can include:
  • Property ownership and division
  • Financial contributions and expense sharing
  • Management of joint accounts and investments
  • Debts and liabilities (who is responsible for what)
  • Healthcare decisions and medical expenses
  • Ownership of vehicles, pets, or other assets
  • Rights to the family home (ownership or lease rights)
  • Procedures for ending the cohabitation or resolving disputes

3. Independent Legal Review and Legal Advice

• Encouraging Fairness: To ensure your cohabitation agreement is fair and enforceable, we strongly encourage each party to consult with their own independent attorney.
• Avoiding Future Disputes: By having separate legal counsel, each party can be confident that they fully understand their rights and obligations under the agreement.
• Negotiation Support: If either party has concerns about specific terms, our attorneys can help negotiate modifications to reach a mutually acceptable agreement.

4. Finalization and Execution

• Clear Final Review: Once both parties are satisfied with the terms, we conduct a final review to ensure the agreement is clear, complete, and legally sound.
• Formal Signing: The agreement is signed by both parties in the presence of a notary, ensuring its enforceability.
• Secure Document Storage: We provide copies to both parties and can securely retain a copy for your records.