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Cohabitation Agreement
I need a cohabitation agreement that outlines the financial responsibilities and property rights of both parties living together, including how expenses will be shared and the division of assets in the event of separation. The agreement should also address dispute resolution methods and any arrangements regarding children or pets.
What is a Cohabitation Agreement?
A Cohabitation Agreement is a formal contract between unmarried partners who live together in Nigeria, spelling out their rights and responsibilities. It covers key aspects like property ownership, shared expenses, and financial arrangements during and after the relationship.
Under Nigerian law, these agreements help protect both partners since unmarried couples lack many legal protections that married couples enjoy. While not as commonly used as in Western countries, these agreements are gaining popularity in urban areas like Lagos and Abuja, especially among young professionals who choose to live together before marriage or as an alternative to traditional marriage.
When should you use a Cohabitation Agreement?
Consider creating a Cohabitation Agreement before moving in with your partner in Nigeria, especially when investing in property together or sharing significant financial responsibilities. This agreement becomes crucial if you're purchasing assets jointly, maintaining shared bank accounts, or planning long-term financial commitments.
The timing matters most when major life changes approach - like buying a home, starting a business together, or receiving a large inheritance. Nigerian courts give more weight to agreements made before cohabitation begins, so it's ideal to draft one while both partners are clear-headed and before emotional or financial entanglements complicate matters.
What are the different types of Cohabitation Agreement?
- Cohabitation Agreement For Unmarried Partners: Comprehensive agreement covering all aspects of living together, including finances, property, and responsibilities
- Cohabitation Property Agreement: Focuses specifically on shared property ownership, asset division, and real estate matters
- Cohabitation Separation Agreement: Details the process and terms for ending cohabitation, including asset division and financial settlements
- Agreement For Couples Living Together: Simplified version focusing on day-to-day living arrangements and shared expenses
- Common Law Partner Agreement: Tailored for long-term cohabiting couples, addressing rights similar to marriage
Who should typically use a Cohabitation Agreement?
- Unmarried Couples: The primary parties who create and sign the Cohabitation Agreement, typically young professionals or partners choosing to live together before marriage
- Legal Practitioners: Lawyers who draft, review, and ensure the agreement complies with Nigerian law and protects both parties' interests
- Property Owners: Landlords or property sellers who may need to acknowledge these agreements when dealing with cohabiting couples
- Financial Institutions: Banks and lenders who consider these agreements when couples apply for joint accounts or loans
- Family Members: Extended family who may be affected by or need to understand the agreement's terms, especially in traditional Nigerian settings
How do you write a Cohabitation Agreement?
- Personal Details: Gather full legal names, contact information, and identification documents for both partners
- Asset Inventory: List all individual and joint property, including vehicles, investments, and bank accounts
- Financial Obligations: Document existing debts, monthly expenses, and agreed-upon sharing of costs
- Property Rights: Detail ownership arrangements for current and future property acquisitions
- Living Arrangements: Specify responsibilities for household management and bill payments
- Separation Terms: Outline asset division and financial arrangements if the relationship ends
- Documentation: Gather property deeds, bank statements, and other relevant financial records
What should be included in a Cohabitation Agreement?
- Party Details: Full legal names, addresses, and identification numbers of both partners
- Property Rights: Clear terms about ownership and division of current and future assets
- Financial Arrangements: Detailed breakdown of shared expenses, savings, and debt responsibilities
- Living Arrangements: Specific terms about residence, maintenance, and household duties
- Dispute Resolution: Process for handling disagreements under Nigerian law
- Termination Clause: Conditions and procedures for ending the agreement
- Signatures and Date: Properly witnessed signatures and official dating of the document
- Governing Law: Statement confirming Nigerian law governs the agreement
What's the difference between a Cohabitation Agreement and an Asset Purchase Agreement?
A key document often confused with a Cohabitation Agreement is the Asset Purchase Agreement. While both deal with property rights, their purposes and applications differ significantly in Nigerian law.
- Legal Status: Cohabitation Agreements focus on relationship-based rights and responsibilities between unmarried partners, while Asset Purchase Agreements strictly handle business transactions and property transfers
- Scope of Coverage: Cohabitation Agreements cover daily living arrangements, shared expenses, and relationship dynamics, whereas Asset Purchase Agreements only address specific property transactions and their terms
- Duration: Cohabitation Agreements remain active throughout the relationship until terminated, while Asset Purchase Agreements typically conclude once the transaction is complete
- Parties Involved: Cohabitation Agreements are between romantic partners, while Asset Purchase Agreements involve buyers and sellers in a business context
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