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Separation Agreement Cohabiting Couples Template for United States

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Separation Agreement Cohabiting Couples

"I need a Separation Agreement for Cohabiting Couples that addresses the division of our jointly owned business and shared apartment in California, with specific provisions for our two dogs and shared investment portfolio."

Document background
A Separation Agreement for Cohabiting Couples is essential when unmarried partners who have been living together decide to end their relationship. This document, governed by U.S. state laws, provides a formal framework for separating shared assets, responsibilities, and living arrangements. It's particularly important because unmarried couples often lack the legal protections automatically granted to married couples during divorce. The agreement typically addresses property division, financial obligations, debt allocation, and can include provisions for shared pets or children. It helps prevent future disputes and provides legal certainty for both parties.
Suggested Sections

1. Parties: Identification and details of both cohabiting partners

2. Background: Brief history of cohabitation and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Property Division: Division of jointly and separately owned property

5. Financial Settlement: Agreement on financial matters, debts, and obligations

6. Mutual Release: Waiver of future claims against each other

7. Governing Law: Applicable state law governing the agreement

Optional Sections

1. Child Arrangements: Section covering custody, support, and visitation arrangements for any children of the relationship

2. Pets: Section detailing arrangements for pet custody and ongoing care responsibilities

3. Business Interests: Section covering the division of any shared business interests or ventures

4. Confidentiality: Terms regarding privacy and disclosure of agreement details and relationship information

5. Dispute Resolution: Procedures and methods for resolving any future disputes between the parties

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all property being divided between the parties

2. Schedule B - Financial Obligations: Comprehensive list of debts and ongoing financial responsibilities

3. Schedule C - Personal Effects: Detailed inventory of personal items and their agreed allocation

4. Appendix 1 - Property Valuations: Professional valuations of significant assets being divided

5. Appendix 2 - Financial Statements: Current financial positions and statements of both parties

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

Clauses

























Industries

Property Laws: State-specific property division laws, common law property principles, and property ownership documentation considerations (joint vs. individual ownership)

Contract Laws: State-specific contract formation requirements, Statute of Frauds requirements, and basic contract principles including consideration, capacity, and consent

Cohabitation-Specific Laws: State recognition of common law marriage, palimony laws regarding rights of unmarried cohabitants, and meretricious relationship doctrines

Debt Division: Joint liability laws, credit card and loan responsibility allocation, and mortgage obligations between separating parties

Estate Planning Considerations: Inheritance rights, beneficiary designations, and power of attorney revocations necessary during separation

Child-Related Laws: Laws governing child custody and support, visitation rights, and parental rights and responsibilities for cohabiting couples

Domestic Violence Laws: Protection orders, safety provisions, and housing rights related to domestic violence situations

Tax Implications: Property transfer tax consequences, income tax considerations, and gift tax implications for separating cohabiting couples

Housing Laws: Landlord-tenant laws, property occupancy rights, and mortgage assumption rules affecting separated couples

Enforcement Mechanisms: State-specific remedies for breach, court jurisdiction, and dispute resolution options for enforcing separation agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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