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Cohabitation Agreement Template for India

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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 case of separation. The agreement should also address the handling of joint purchases and any existing debts.

What is a Cohabitation Agreement?

A Cohabitation Agreement is a legal contract between unmarried partners who live together, spelling out their rights and responsibilities while sharing a home in India. It covers important aspects like property ownership, financial obligations, and how to handle shared assets if the relationship ends.

Unlike marriage laws which are governed by personal religious codes in India, these agreements provide clear legal protection under contract law. They're especially valuable for couples who choose not to marry or can't legally marry, helping prevent disputes over property and finances. The agreement can also address daily living expenses, pet custody, and inheritance matters.

When should you use a Cohabitation Agreement?

Consider getting a Cohabitation Agreement before moving in with your partner in India, especially if you plan to make joint investments or share significant expenses. This agreement becomes crucial when purchasing property together, mixing finances, or starting a business venture as an unmarried couple.

The right time to create this agreement is during the early stages of living together, when both partners can think clearly about financial arrangements. It's particularly important for couples who face legal barriers to marriage, high-earning professionals sharing assets, or partners bringing substantial individual wealth into the relationship. Having clear terms from the start prevents messy disputes later.

What are the different types of Cohabitation Agreement?

Who should typically use a Cohabitation Agreement?

  • Unmarried Couples: The primary parties who create and sign Cohabitation Agreements to protect their interests while living together
  • Legal Professionals: Lawyers who draft, review, and ensure the agreement complies with Indian contract law
  • Property Owners: Individuals who share ownership of homes or investments and need clear terms for asset management
  • Financial Advisors: Professionals who help couples structure financial arrangements and protect individual wealth
  • Family Members: Relatives with inheritance interests who may be affected by the couple's financial arrangements
  • Mediators: Professionals who help resolve disputes using the agreement's terms as guidance

How do you write a Cohabitation Agreement?

  • Personal Details: Gather full legal names, addresses, and identification documents of both partners
  • Asset Inventory: List all individual and joint properties, investments, and valuable possessions
  • Financial Information: Document current incomes, savings, debts, and shared financial responsibilities
  • Living Arrangements: Detail housing costs, utility payments, and household expense sharing plans
  • Future Planning: Outline agreements about property purchases, business ventures, or major investments
  • Separation Terms: Define how assets and debts will be divided if the relationship ends
  • Document Review: Use our platform's template to ensure all essential elements are included legally and clearly

What should be included in a Cohabitation Agreement?

  • Identification Details: Complete names, addresses, and ages of both partners with proof of identity
  • Property Rights: Clear declaration of individual and joint property ownership, including future acquisitions
  • Financial Terms: Detailed breakdown of expense sharing, bank accounts, and investment arrangements
  • Living Arrangements: Specific terms about shared residence, maintenance responsibilities, and household duties
  • Relationship Status: Clear statement that the agreement doesn't create marriage-like rights under Indian law
  • Termination Clause: Conditions and process for ending the agreement
  • Signatures: Dated signatures of both parties with two witnesses for legal validity
  • Governing Law: Statement confirming the agreement falls under Indian Contract Act provisions

What's the difference between a Cohabitation Agreement and a Business Acquisition Agreement?

A Cohabitation Agreement differs significantly from a Business Acquisition Agreement in both purpose and legal framework. While both are legally binding contracts in India, they serve entirely different needs and operate under distinct sections of contract law.

  • Legal Framework: Cohabitation Agreements fall under personal contract law and family matters, while Business Acquisition Agreements are commercial contracts governed by corporate law
  • Purpose: Cohabitation Agreements manage personal living arrangements and shared assets between unmarried partners, whereas Business Acquisition Agreements handle the purchase and transfer of business entities
  • Duration: Cohabitation Agreements typically remain active throughout the relationship, while Business Acquisition Agreements conclude once the transaction is complete
  • Asset Handling: Cohabitation Agreements focus on personal property and daily expenses, while Business Acquisition Agreements deal with commercial assets, liabilities, and business operations

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