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Cohabitation Agreement: Bea and Ben

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0% found this document useful (0 votes)
139 views8 pages

Cohabitation Agreement: Bea and Ben

Uploaded by

api-740333422
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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

Common questions

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The agreement specifies that in case of relationship termination, any jointly acquired property shall be divided equitably based on contributions. Joint bank accounts will be split evenly, and other expenses shared equally. If disputes arise over property decisions, such as selling the residence, the parties must agree within 90 days or resort to permissive mediation and arbitration. This structured approach ensures clarity and mitigates potential disputes .

The agreement does not explicitly detail terms for powers of attorney and emergency medical care in the provided excerpts. However, inclusion of such a section implies that both parties are to grant each other certain legal authorities, potentially impacting decisions during medical emergencies or incapacity. This requires mutual trust and could prevent disputes over medical treatment preferences .

The agreement specifies that in the event of one party's death while they are in a relationship, unless stated otherwise in estate planning documents, all assets other than those defined in the TPP Memorandum go to the surviving partner, allowing them to live in the shared residence for life. The joint bank account and expenses are divided 50/50 .

The agreement allows modifications only through a written instrument signed by both parties, specifically referencing the document. This ensures that all parties are aware and in agreement about any changes, preserving the original intent and integrity. Any purported oral amendments are considered null and void, safeguarding against unauthorized alterations .

The agreement clearly states that with the exception of a jointly-owned U.S. Bank account, the parties do not currently own or contemplate owning any property together as a general rule. Each party intends and agrees that any and all property presently owned or acquired in the future by the other party, including the residence, shall remain their separate property .

The agreement states that the parties do not contribute equally to household expenses nor intend to do so in the future. There is no formal arrangement for the division of household duties, which are explicitly stated not to constitute claims or charges against one another. This indicates a flexible approach to household management while ensuring no legal entitlements arise from domestic contributions .

If the relationship ends, they have the option for one to purchase the property or propose alternative arrangements within 90 days; otherwise, it must be sold. In the event of a death, the surviving partner can purchase or propose arrangements, but if unresolved within 90 days, they choose the appraiser. This structure ensures a fair opportunity for resolution and equitable division without enforcing selling unless necessary .

The agreement asserts that its validity and all questions concerning its application and interpretation are governed by Colorado state laws. This means, even if the parties become domiciled in another jurisdiction, Colorado law remains applicable, providing a consistent legal framework for resolving disputes .

The agreement explicitly states that the parties neither intend nor consent to be married and shall never assert any legal rights as putative spouses under any state law. This term aims to preclude claims of marital rights and serves as a preventative measure against any disputes that might arise from such claims. This is reinforced by the clause that makes any oral amendments null and void, ensuring any changes must be documented and signed by both parties .

The agreement specifies that all past, present, or future obligations of either party must be paid or satisfied by that party without involving the other's property. This ensures that financial responsibilities remain personal and separate, preventing any crossover liabilities or claims against each other's estates .

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