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Cohabitation Agreement

(Type B)

(Comprehensive--Long Form)

THIS AGREEMENT is entered into on [date] between [name] (hereinafter Male) and [name] (hereinafter Female) (collectively, the parties), with reference to the following facts:

RECITALS

1. Relationship. Since ----------, 20--, Male and Female have lived in a nonmarital relationship, cohabiting in a common household, and it is the intention of Male and Female to do so.

2. Marriage. Male and Female are now, and at all times during the period of their nonmarital relationship have been, single persons. Male and Female have never been married to each other, and each party acknowledges that there exists between them no marital or quasi-marital relationship, whether by statute or common law. Although the parties do not presently contemplate marriage to each other, the parties agree that they may be married in no manner other than that prescribed by the laws of [state] or by the analogous statute for ceremonial marriages of any other state in which the parties may be married. The parties acknowledge that they will consider entering into a prenuptial agreement before marriage if the parties decide to be married at any time in the future. There are no children that are the issue of Male and Female.

3. Earnings. The parties acknowledge that all earnings, rents, profits, and income are the separate property of the party who has earned such earnings, rents, profits, and income. lt is the mutual intent of the parties that, except as expressly provided to the contrary in this Agreement, all earnings, rents, profits, and income received or accruing in the future shall remain the separate property of the party who has earned such earnings, rents, profits, and income.

4. No Prior Agreements. Except as expressly provided here, the parties acknowledge that they have not entered into any contract, understanding, or agreement, whether express, implied in fact, or implied in law, on their respective property and contractual rights and obligations. The parties want to define their rights regarding their respective property, whether acquired before, during, or after the termination of their nonmarital relationship, and the parties intend that this Agreement evidence their mutual agreement on their respective property and contractual rights and obligations.

5. Consideration. The parties agree that no part of the consideration for this Agreement is founded on either party's providing meretricious sexual services.

6. No Pooling of Earnings. The parties acknowledge that they have entered into no agreement to pool their earnings or to share in their respective accumulations of earnings.

7. Legal Representation. The parties acknowledge that Male has been represented in this Agreement by [name], Esq. and that Female has been represented in this Agreement by [name], Esq. The parties acknowledge that they each have read the entire Agreement, that the Agreement has been explained fully to them by their respective counsel, and that they understand the contents and legal effect of this Agreement. The parties further acknowledge that they enter into this Agreement voluntarily, free from duress, fraud, or undue influence of any kind.

The parties acknowledge that each of them, or their respective counsel and advisors, has had an opportunity to investigate independently all financial and other business and property information of the other party to this Agreement; the parties acknowledge that neither of them is relying on any warranty or representation, whether express or implied, made by the other, or by an agent, employee, or attorney of the other.

8. Legal Advice. The parties acknowledge that they have each been advised of the law on nonmarital relationships in [state] by their respective counsel and that they each understand the rights and obligations arising out of a nonmarital relationship.

With full knowledge and understanding of the law governing nonmarital relationships, the parties agree as follows:

CHARACTERIZATION AND OWNERSHIP OF INCOME

9. Male's Separate Income and Property. The parties agree that all of Male's past, present, and future income, and all property, funds, and accounts acquired with that income, are and shall remain the separate property of Male, and Female shall have no right, title, interest, lien, or claim to them.

10. Female's Separate Income and Property. The parties agree that all of Female's past, present, and future income and all property, funds, and accounts acquired with that income, are and shall remain the separate property of Female, and Male shall have no right, title, interest, lien, or claim to them.

11. Definition of "Income." In this Agreement, the term "income" is defined to include, without limitation, income derived from salary, dividends, interests, rents, royalties, pensions, profitsharing plans, retirement plans, annuities, gains from the sale of real and personal property, distributions from trusts and estates, director's fees, royalties, copyright, refunds of federal, state, and local taxes, and profits from businesses, partnerships, joint ventures, and corporations. The term "income" shall further include income that has been received and income that has accrued but has not been distributed.

12. Future Assets, etc. The parties agree that each is willing to enter into this Agreement regardless of the nature or extent of the present or future assets, liabilities, income, or expenses of the other.

CHARACTERIZATION AND OWNERSHIP OF ASSETS

13. Schedule of Separate Assets. The parties agree that the assets set forth on Schedules A and B [omitted], respectively, together with all income derived from the sale or exchange of the assets, are and shall remain the separate property of Male and Female, respectively, and the other shall have no right, title, interest, lien, or claim to it.

14. Male's Future Property. The parties agree that all property acquired by Male, including, without limitation, property acquired with Male's income or credit, or by gift, bequest, devise, or descent to Male, is and shall remain the separate property of Male, and Female shall have no right, title, interest, lien, or claim to it.

15. Female's Future Property. The parties agree that all property acquired by Female, including, without limitation, property acquired with Female's income or credit, or by gift, bequest, devise, or descent to Female, is and shall remain the separate property of Female, and Male shall have no right, title, interest, lien, or claim to it.

16. No Joint Tenancies; Tenancies In Common; etc. No property has been acquired by the parties in joint tenancy, tenancy in common, partnership, or other form of cotenancy. The parties further acknowledge and agree that with respect to the separate property of the other party, neither party has made improvements or maintenance. The parties further agree that neither party has contributed toward the payment of any indebtedness secured by the separate property of the other.

17. Commingled Property to Remain Separate. The occurrence or act of commingling or otherwise failing to segregate the separate property or separate income of either party shall not change characterization of that property or income. Neither party shall acquire any right, title, interest, lien, or claim in the separate property or separate income of the other by commingling or failure to segregate separate property or separate income. Any commingling or failure to segregate separate property or separate income shall create no presumption about ownership of commingled or unsegregated separate property or separate income.

AGREEMENT AND STATEMENT OF INTENTIONS ON NONMARITAL RELATIONSHIP

18. Parties' Intentions. In entering into and in maintaining their nonmarital relationship, Male and Female mutually declare that their intention, understanding, and expectation at all times have been and shall remain as follows:

a. The sole purpose of the parties in cohabiting in a nonmarital relationship is to share common living facilities for as long as both desire.

b. The parties have no intention or expectation of entering into any partnership, joint venture, or common enterprise with each other, or pooling their assets or earnings. The parties have no intention or expectation of acquiring any property in joint tenancy, tenancy in common, partnership, or other form of cotenancy.

c. The conduct by either party in the past, present, or future shall not mean or imply any agreement, promise, or understanding between the parties except as set forth in this Agreement.

d. The parties disclaim and expressly waive and surrender any express or tacit understanding that either has acquired any rights to the property or income of the other.

e. In the event that Male should leave his present employment, the parties agree that Male shall have no right to assert any claim or cause of action against Female for leaving his present employment or for not having pursued his career.

f. Except as expressly provided to the contrary in this Agreement, unless one party executes a contract in writing so providing, neither party shall pay, assume, or be liable for any debt or obligation incurred by the other.

g. The parties agree that they shall not hold themselves out as husband and wife. The parties agree that neither of them shall acquire any marital, quasi-marital, community property, tenancy by the entireties, or other property rights as though they were married.

WAIVER OF RIGHTS IN SEPARATE PROPERTY

19. Relinquishment of Rights and Claims. Male and Female agree that each party relinquishes all right, claim, or interest, whether actual, inchoate, or contingent, in law or in equity, that he or she may acquire in the separate property of the other by reason of the nonmarital relationship, or by reason of any other fact or circumstance, including, without limitation:

a. Community property rights

b. Quasi-marital property rights

c. The right to a family allowance

d. The right to a probate homestead

e. The rights or claims of dower, curtesy, or any statutory substitutes therefor as provided by the statutes of the State of ---------- or of any other state in which the parties, or either of them, may die domiciled or in which they may own real property

f. The right of election to take against the Will of the other

g. The right to a distributive share in the estate of the other should he or she die intestate

h. The right to declare a homestead in the separate property of the other

i. The right to act as administrator of the estate of the other.

20. No Waiver of Bequest or Devise. Nothing contained in this Agreement shall be deemed to constitute a waiver by either party of any bequest or devise that the other party may choose to make to him or her by Will or Codicil. However, the parties acknowledge that no promises of any kind have been made by either of them to the other concerning any such bequest or devise.

21. Agreement to Make Bequest. Male agrees that, notwithstanding that he has no obligation to provide for Female, if he and she are living together at the time of his death, then Male will leave Female by his Will, the sum of $. If Male and Female are not living together at the time of Male's death, this provision shall be null and void. lt is understood that the consideration for Male making such bequest to Female is Female's agreement not to contest, dispute, or attack in any way the validity or binding effect of this Agreement or any Will of Male's. Should Female contest, dispute, or attack the validity or binding effect of this Agreement or any Will of Male's, any interest which she may have in the bequest provided for her shall terminate. If Female does not receive such bequest because either (a) the parties were not living together at the time of Male's death or (b) Female contested the Agreement or any Will of Male's, this Agreement shall nevertheless remain in full force and effect.

REMEDIES UPON TERMINATION OF NONMARITAL RELATIONSHIP

22. Waiver of Right and Remedies Upon Termination of Agreement. The parties shall have no rights, claims, causes of action, or remedies arising out of or in connection with their nonmarital relationship except as are created by this Agreement. Specifically, but not by way of limitation, the parties waive any right to assert the following:

a. Quantum meruit

b. Quantum valebant

c. Quasi contract

d. Constructive trust

e. Resulting trust

f. Relief under the Family Law Act

g. Support or maintenance

h. Award for rehabilitation

i. Other equitable remedies

This paragraph shall not be construed to limit or deprive either party of any remedy, legal or equitable arising out of this agreement.

NO RIGHT TO SUPPORT

23. Female's Waiver of Right to Support, Alimony, etc. Notwithstanding the fact that Male may have voluntarily provided Female with support or maintenance during the nonmarital relationship of the parties, such conduct shall not be construed as an agreement, either express or implied, to provide Female with support or maintenance, and Female waives and relinquishes all rights to support, alimony, spousal support, maintenance, or like property at any time.

24. Male's Waiver of Right to Support, Alimony, etc. Notwithstanding the fact that Female may have voluntarily provided Male with support or maintenance during the nonmarital relationship or the parties, such conduct shall not be construed as an agreement, either express or implied, to provide Male with support or maintenance, and Male waives and relinquishes all rights to support, alimony, spousal support, maintenance, or like property at any time.

MISCELLANEOUS

25. Notices, etc. All notices, offers, acceptances, waivers and other acts under this Agreement shall be in writing and shall be sufficiently given if delivered in person, or mailed by certified or registered mail, postage prepaid, to: [name and address of attorney] or such other party and/or address as any of such parties may designate in a written notice served upon the other parties in the manner provided herein. All notices required or permitted hereunder shall be deemed duly given and received on the date of delivery, if delivered in person, or on the second day next succeeding the date of mailing if sent by certified or registered mail. In the event it is necessary to effect legal service of process under this contract, such service shall be effective in the same manner as any other notice to be served under this paragraph and/or agreement.

26. This Agreement shall inure to the benefit of and bind the parties and the legatees, distributees, legal representatives, successors, assigns, heirs, executors, and administrators of the parties.

27. This contract shall be deemed to have been made, executed, and delivered within the State of ---------- the venue for any action or proceeding brought by either party hereto against the other shall be in the County of ---------- and the validity, construction, and legal effect of this contract shall be governed by the laws and judicial decisions of the State of ---------- applicable to agreements entered into and wholly performed therein. Any service of process in any action or proceeding commenced in the courts of the State of ---------- arising out of or connected with this contract and/or the subject matter hereof shall be sufficient if, among other methods, same is served upon the party by delivering or mailing the same via certified or registered mail, addressed to the party as provided for notices hereunder and any such service shall be deemed to have the same force and effect as personal service in any jurisdiction where such action or proceeding may be commenced. Any and all disputes as to the interpretation of or any performance under this Agreement shall be determined by arbitration in ---------- in accordance with the rules of the American Arbitration Association (with full discovery available), subject to the terms and provisions hereof and the final award in any such arbitration proceeding shall be subject to entry as a judgment by any court in such state provided same does not conflict with the terms and provisions hereof. The party prevailing to the greater extent in any such arbitration proceeding (and in any other arbitration proceedings and/or any litigation in any way related to this Agreement) shall be entitled to recover any and all reasonable attorney fees and other costs reasonably incurred in connection therewith. The jurisdiction of the arbitrator with respect to legal matters only shall be limited by the statutory and common law of the State of ---------- Nothing contained in this Paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law.

28. Separability of Provisions. Nothing herein shall be deemed to violate any applicable provisions of any applicable statute, law, or ordinance contrary to which the parties hereto have no legal right to contract. If a court or other legally constituted body of competent jurisdiction shall determine that there is a conflict between any provision hereof and any such law, the latter shall prevail, but in such event the applicable provision(s) hereof shall be deemed modified and curtailed only to the extent necessary to eliminate such conflict; and as so modified and curtailed, this Agreement shall continue in full force and effect, provided such provision(s) is (are) not of the essence hereof. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law. Wherever there is any conflict between any provisions of this Agreement and any present or future law, ordinance, or regulation, the latter shall prevail.

29. Captions. The paragraph headings in no way define, limit, extend or interpret the scope of this Agreement, or any particular paragraph, and are used for administrative purposes only and do not constitute substantive matter to be considered in construing the terms of this Agreement.

30. Construction. This Agreement shall not be strictly construed against any party hereto. Wherever the context shall so require, all words herein in the male gender shall be deemed to include the female or neuter gender, all singular words shall include plural, and all plural words shall include the singular; "shall" is mandatory, "should" is advisory, and "may" is permissive; and the past, present, and future tenses include the others. Unless the context so requires or otherwise expressly states, all periods terminating on a given day, period of days, or date shall terminate on the close of business on that day or date and references to "days" shall refer to calendar days.

31. Attorney Fees. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and court costs and other nonreimbursable litigation expenses, such as expert witness fees and investigation expenses.

32. Entire Agreement. This document constitutes the entire Agreement and understanding between the parties concerning the subject matter hereof, and supersedes and replaces all prior negotiations, proposed agreements and agreements, written and oral, relating to the subject hereof by the parties hereto, or any one of them, and all such agreements upon the execution hereof shall be null, void, and of no effect. Each of the parties hereto acknowledge that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatever, express or Implied, not contained herein concerning the subject matter hereof, to induce him to execute this Agreement, and acknowledges that he has not executed this instrument in reliance on any such promise, representation, or warranty not contained herein. Each of the parties acknowledge that they have been represented by legal counsel of their own choice throughout all negotiations which preceded the execution of this Agreement, and that they have executed the Agreement with the consent and advice of such legal counsel.

33. No Oral Modification. No modification or waiver of all or any of the terms of this Agreement shall be effective unless it shall be in writing and shall be executed with the same formalities as this Agreement.

34. Survival of Representations. The representations and warranties of the parties shall survive the closing of this transaction.

35. Execute Papers. Each of the parties to the Agreement hereto covenant and agree that they shall execute any and all documents which may be necessary or become necessary to carry out the terms and conditions of this Agreement.

36. Remedies Cumulative. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to the nonbreaching party in the event of a default. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible, nor shall it be deemed a waiver of or an election not to assert any other such right or remedy. No waiver by either party of any failure of the other party to perform its obligation hereunder shall be deemed a waiver of any preceding or succeeding failure to perform any obligations hereunder.

IN WITNESS WHEREOF, this Agreement is made and entered into the day and year first above written.

Date: ----------

By: [signature]

Male

Date: ----------

By: [signature]

Female

ATTORNEY'S CERTIFICATION FOR FEMALE

The undersigned hereby certifies that h e is an attorney at law, duly licensed and admitted to practice in [state]; that he has been employed by Female, a party to this Agreement, and that he has advised that party with respect to this Agreement and explained to her the meaning and legal effect of it; and that Female has acknowledged her full and complete understanding of the said Agreement and its legal consequences, and has freely and voluntarily executed the Agreement in his presence.

[signature]

ATTORNEY'S CERTIFICATION FOR MALE

The undersigned hereby certifies that he is an attorney at law, duly licensed and admitted to practice in [state]; that he has been employed by Male, a party to this Agreement, and that he has advised that party with respect to this Agreement and explained to him the meaning and legal effect of it; and that Male has acknowledged his full and complete understanding of the said Agreement and its legal consequences, and has freely and voluntarily executed the Agreement in his presence.

[signature]