COHABITATION AGREEMENT
BETWEEN
BEA AND BEN
THIS AGREEMENT is entered into this ______ day of _________________, ______,
between BEATRICE (hereinafter "BEA”), a single woman, and BENJAMIN (hereinafter
"BEN"), a single man, both residents of Adams County. In consideration of the mutual
covenants set forth herein, the parties agree as
follows:
Section 1. Recitals. The parties reside together in a home located at 11842 Clayton St.,
Thornton 80222 (the "Residence"). The parties desire that no aspect of the relationship between
them, including their cohabitation, shall change in any way their existing legal rights or the
present or future legal rights of their respective descendants, heirs, devisees, and beneficiaries.
The parties acknowledge that they are of mature age and are competent to execute this
agreement; that they have discussed this matter between themselves and believe that this
agreement is fair, equitable, and reasonable; and that they execute this agreement as their free
and voluntary act. Each party has had the opportunity to discuss this agreement with an attorney.
Section 2. Parties Not Married. The parties neither intend nor consent to be married to
each other, nor will they hold themselves out, publicly or privately, as being married to each
other. Neither party has any good faith belief that he or she is married to the other party, and
neither party shall ever assert any legal rights as a putative spouse of the other party under the
laws of any state. Should the parties hereafter decide to marry each other, they shall manifest
their intent to do so by revoking this agreement in writing, prior to the commencement of their
marriage, pursuant to the provisions of Section 12 hereunder.
Section 3. Powers of Attorney and Consent to Emergency Medical Care.
Section 4. Separate Property. With the exception of a jointly-owned U.S. Bank account,
the parties do not currently own or contemplate owning, as a general rule, any property together,
but may choose to do so in the future without requirement of any formal written agreement. In
the absence of such a choice to own property jointly, no joint tenancy, tenancy in common,
tenancy by the entireties, or any other manifestation of shared ownership rights in any asset,
tangible or intangible, personal or real, exists or is contemplated or intended by the parties. Each
party intends and agrees that any and all property presently owned or which may be acquired in
the future by the other party, including the Residence, shall remain the separate property of such
other party.
Section 5. Disclaimer of Interest in Estate and Benefits. Each party agrees that the
relationship between the parties shall not serve as a basis for the assertion by such party of any
interest in any part of the estate, legal or equitable, of the other. Neither party shall assert any
right, title, claim or interest in any property forming a part of the estate of the other, specifically
including but not limited to retirement plans, disability benefits, and insurance of any kind or the
proceeds therefrom.
Notwithstanding the foregoing, if estate planning documents or beneficial interests of any
kind (collectively hereafter called "beneficial interests") are created ....
Section 6. Separate Obligations. All past, present, or future obligations, financial and
otherwise, of either party shall be paid or satisfied by such party, and the property of the other
party shall not be charged with such obligations.
Section 7. Household Expenses and Duties. The parties do not at present contribute
equally to household expenses and do not intend to share such expenses equally in the future.
There is no agreement between the parties relative to the division or performance of household
duties, such as cooking, home maintenance, and transportation. Each party agrees that his or her
respective share of household duties does not constitute a claim or charge against the other party.
Section 8. Agreements Between the Parties Regarding Disposition of Property.
Notwithstanding the provisions in the foregoing Section 5, the parties agree to the following
provisions:
a. Termination of Relationship. If the relationship between the parties
terminates, the parties will retain any property they have brought into the
relationship. Anything the parties purchased or acquired together during the
relationship shall be divided equitably based on the contribution of the
parties.
i. Joint bank accounts will be split 50/50 and they will divide all further
expenses 50/50.
ii. Regarding the property 11842 Clayton St., Thornton 80222, parties can
agree to one having the right to purchase or sell to propose alternative
arrangements. If there is no agreement within 90 days, the property
must be sold. If issues occur, permissive mediation and arbitration will
be the next step.
iii. If the two parties are living together at the time of the breakup parties
can agree to one having the right to sell or to propose alternative
arrangements. If there are no agreements made within 90 days the
property must sell. There must be a mutually agreed upon appraiser. If
there are further issues permissive mediation and arbitration will be the
next step.
b. Death. If the parties are in a relationship at the time of either party's death, the
parties agree as follows:
i. If the parties are living together at the time of death, unless specified in
the TPP Memorandum, everything else goes to the other. If they live
together parties agree to let the surviving partner live there for life.
Unless the surviving partner and predeceasing partner agent agree
otherwise. (define agent as Trustee)
ii. Nothing goes to one another, and the joint bank account will be
divided 50/50. The parties will also divide expenses 50/50.
iii. Regarding the property 11842 Clayton St., Thornton CO 80222, the
surviving partner gets the right to purchase or sell the property. Or
propose any alternative arrangements. They must be mutually agreed
upon by the appraiser, and if they cannot agree within 90 days, the
surviving partner gets to pick the appraiser.
c. Parties agree to leave all Housing/ Expenses flexible. No matter the
circumstances.
Section 9. Benefit of Agreement. This agreement shall be binding upon the parties
hereto and upon their respective heirs, personal and legal representatives, and assigns.
Section 10. Consideration. The consideration for this agreement consists of the mutual
promises of the parties expressed herein. The promise or performance of sexual services forms
no part of the consideration for this agreement.
Section 11. Entire Agreement. This is the entire agreement of the parties and
incorporates all of the understandings between them. There are no promises, conditions,
considerations, representations, or agreements other than those stated herein. Any purported oral
amendments or modifications to this agreement shall be null and void.
Section 12. Modification of Agreement. This agreement may not be modified or
revoked except by the execution of a written instrument signed by both parties which sets forth
such changes or revocation and makes specific reference to this document.
Section 13. Governing Law. The validity and all questions concerning the application
and interpretation of this agreement shall be governed by the laws of the State of Colorado even
though the parties may hereafter become domiciled in another jurisdiction.
Section 14. Provisions Severable. If any provision of this agreement or the application
thereof to any party or circumstance is held to be invalid or unenforceable, the remainder of this
agreement and the application of such provision to other parties or circumstances will not be
affected thereby. The provisions of this agreement are severable in any instance, separately and
independently supported by adequate consideration, and are separately enforceable.
Section 15. Legal Costs and Venue. In the event that either party should commence a
legal action against the other based upon this agreement, or upon allegations relative to the
relationship between the parties, each party shall be responsible for the fees of his or her own
attorney, and the costs of such litigation shall be borne by the parties equally. Proper venue for
any such litigation shall lie in the County of Weld, in the State of Colorado.
Section 16. Effective Date. This agreement shall be effective on the date of execution.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day
and year first written above.
___________________________
BENJAMIN
___________________________
BEATRICE
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _____ day of
____________________, _____, by BENJIMAN
Witness my hand and official seal.
My commission expires: ____________________
_________________________
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _____ day of
____________________, _____, by BEATRICE.
Witness my hand and official seal.
My commission expires: ____________________
_________________________
Notary Public