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Cohabitation Property Agreement Template for Germany

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Key Requirements PROMPT example:

Cohabitation Property Agreement

"I need a Cohabitation Property Agreement for my partner and me as we're moving in together in March 2025, with specific provisions for my pre-existing property in Munich and our agreement to share all future property acquisitions equally."

Document background
The Cohabitation Property Agreement serves as a crucial legal instrument for unmarried couples living together in Germany, where the legal framework does not provide automatic protections for cohabiting partners as it does for married couples. This document becomes essential when partners wish to clearly define their property rights, financial responsibilities, and mutual obligations during their cohabitation and in the event of separation. It typically includes provisions for property ownership, financial contributions, household expenses, and potential separation scenarios, all within the framework of German civil law. The agreement helps prevent future disputes by establishing clear guidelines and expectations, particularly important given that German law does not recognize the concept of 'common law marriage.' It's especially relevant for couples who own property together, share significant assets, or have joint financial commitments.
Suggested Sections

1. Parties: Identification and details of both cohabiting partners

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Duration and Termination: Terms regarding when the agreement becomes effective and circumstances for termination

5. Property Rights: Clear designation of separately and jointly owned property

6. Financial Arrangements: Details of financial contributions, shared expenses, and banking arrangements

7. Household Expenses: Agreement on sharing of regular household costs and utilities

8. Property Acquisition: Rules for property acquired during cohabitation

9. Separation Provisions: Process for division of property and assets upon separation

10. Dispute Resolution: Procedures for resolving disagreements

11. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Children: Provisions regarding existing or future children, used when partners have or plan to have children

2. Pets: Arrangements for pet ownership and care, included when couples have shared pets

3. Business Interests: Protection of business assets and income, used when either partner owns a business

4. Inheritance Provisions: Specific inheritance arrangements, important when partners wish to provide for each other beyond legal minimums

5. Power of Attorney: Mutual powers of attorney for specific matters, used when partners want to grant each other decision-making authority

6. Insurance Arrangements: Provisions for life, health, or property insurance, included when partners want to formalize insurance obligations

7. Intellectual Property Rights: Protection of intellectual property, used when either partner has significant IP assets

Suggested Schedules

1. Schedule A - Existing Assets: Detailed inventory of each partner's assets owned prior to cohabitation

2. Schedule B - Joint Property: List of property agreed to be owned jointly

3. Schedule C - Financial Obligations: List of existing debts and financial obligations of each partner

4. Schedule D - Household Inventory: Detailed list of household items and their ownership

5. Schedule E - Contribution Schedule: Detailed breakdown of financial contributions to household expenses

6. Appendix 1 - Property Documents: Copies of property titles, deeds, or rental agreements

7. Appendix 2 - Financial Statements: Recent financial statements or proof of assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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