family law
Cohabitation Agreement Template and How to Draft One (2026)
What is a cohabitation agreement, and does it work in India? A cohabitation agreement, sometimes called a live-in relationship agreement, is a contract between two people who live together without being married. It records how they will handle money, property, shared expenses and belongings while they live together, and how those will be divided if they separate. It is the unmarried couple's version of sorting out the practical and financial side of living together. In India, the honest position is: a cohabitation agreement can sensibly govern property and money between the couple, as an ordinary contract under the Indian Contract Act, 1872, but it cannot override the protections the law already gives. The Supreme Court has recognised live-in relationships. Under the Protection of Women from Domestic Violence Act, 2005, a "relationship in the nature of marriage" can bring a live-in partner within the Act's protection. In D. Velusamy v. D. Patchaiammal (2010), the Court set out tests for when a live-in relationship qualifies, including that the couple hold themselves out as akin to spouses, are legally able to marry, and have lived together voluntarily for a significant period. A private agreement cannot be used to waive those statutory protections; courts look at the actual facts of the relationship. So treat a cohabitation agreement as a useful way to record financial and property arrangements, not as a way to remove rights the law provides. This article is general guidance, not legal advice. Last verified October 2026. ## Cohabitation agreement template Copy the block and fill the bracketed fields. Have a family-law advocate adapt it to your situation. ```
COHABITATION AGREEMENT This Agreement is made on [DATE] BETWEEN: [PARTNER A NAME], [address] ("Partner A") AND [PARTNER B NAME], [address] ("Partner B") who are living together / intend to live together at [SHARED ADDRESS]. 1. PURPOSE The partners wish to record, freely and without coercion, how they will share expenses, property and belongings while living together, and how these will be treated if they stop living together. Each has had the chance to take independent legal advice. 2. PROPERTY OWNED BEFORE Property each partner owned before living together, listed in Schedule A (Partner A) and Schedule B (Partner B), remains that partner's own property. 3. SHARED EXPENSES The partners will share [rent, utilities, groceries, ...] as follows: [split / proportion / named responsibilities]. 4. JOINTLY ACQUIRED PROPERTY Property the partners buy together while living together will be owned [in the proportions they contribute / equally], and recorded in Schedule C where significant. 5. BANK ACCOUNTS AND DEBTS Each partner remains responsible for their own debts. Joint accounts, if any, are listed in Schedule C, with agreed contributions. 6. IF THE PARTNERS SEPARATE On separation: each keeps their own property under clause 2; jointly acquired property under clause 4 is divided accordingly; and each takes their own debts. The partners will try to resolve any dispute amicably or through mediation first. 7. NO WAIVER OF LEGAL RIGHTS Nothing in this Agreement removes or limits any right, protection or remedy either partner has under law, including under the Protection of Women from Domestic Violence Act, 2005. This Agreement governs property and finances only. 8. CHILDREN Nothing in this Agreement affects the welfare of, or any right or duty towards, any children; those remain governed by law. 9. CHANGES This Agreement may be changed only in writing, signed by both partners. 10. SEVERABILITY If any clause is unenforceable, the rest continues to apply. Signed by Partner A: __________ Signed by Partner B: __________ Witness 1: __________ Witness 2: __________ Date / place Date / place
- **Shared expenses (clause 3).** Be specific about who pays what, or the split. Vague "we share everything" language causes arguments later.
- **Jointly acquired property (clause 4).** Decide how things bought together are owned, ideally by contribution, and keep records of who paid.
- **No waiver of legal rights (clause 7).** This is essential. Make clear the agreement covers money and property only and does not touch statutory protections, which cannot be contracted away.
- **Children (clause 8).** A cohabitation agreement cannot bargain away a child's welfare or rights.
- **Independent advice (clause 1).** Each partner taking their own advice makes the agreement fairer and harder to challenge. ## Common mistakes to avoid - **Trying to waive statutory protections.** Clauses removing rights under the Domestic Violence Act or a child's rights will not hold.
- **No record of who owns or paid what.** Without schedules and proof, separation becomes a dispute over memory.
- **Vague expense sharing.** "We split things" is not specific enough when money is tight or the relationship ends.
- **Signing under pressure.** An agreement signed under coercion is open to challenge.
- **Assuming it defines the relationship legally.** Courts look at the facts of the relationship, not just the label in a document. ## A note on jurisdiction How live-in relationships and cohabitation agreements are treated varies a great deal by jurisdiction. In India, live-in relationships are recognised, and a "relationship in the nature of marriage" can attract protection under the Protection of Women from Domestic Violence Act, 2005, as explained in cases such as D. Velusamy v. D. Patchaiammal. A cohabitation agreement works best as a contract about property and money and cannot remove those protections. In some other countries cohabitation agreements are routinely enforced and even expected. Because the law varies by jurisdiction, consult a qualified family-law advocate before relying on one. <!-- [VERIFY: confirm current case law position before reliance] --> ## Where a contract workspace helps A cohabitation agreement is really about clear terms, honest schedules of who owns and pays what, and keeping the signed document safe and findable over the years you live together. That kind of record-keeping is where personal legal documents tend to drift. That is the idea behind a single AI contract workspace: drafting from a template in plain language, reviewing a draft for vague or one-sided terms, editing clauses in plain English, and keeping the signed agreement, schedules and any changes in one place. Tools such as [Adira](https://adiralaw.com) are built around that idea, aimed mainly at business contracts, but the same single-workspace approach suits any agreement you want drafted carefully and kept safe. For a cohabitation agreement, sound advice on your rights matters most; the drafting is the easy part.
Frequently asked questions
- Is a live-in relationship legal in India?
- Yes. The Supreme Court has recognised live-in relationships, and a relationship in the nature of marriage can bring a partner within the protection of the Protection of Women from Domestic Violence Act, 2005. Cases such as D. Velusamy v. D. Patchaiammal set out tests for when a live-in relationship qualifies for that protection.
- Can a cohabitation agreement be legally enforced in India?
- As a contract about property and money between the partners, it can be used under the Indian Contract Act, 1872, provided it is fair, freely entered into and lawful. But it cannot override statutory protections, such as those under the Domestic Violence Act, or a child's rights. Courts look at the actual facts of the relationship, not only the wording of a document.
- What should a cohabitation agreement cover?
- What property each partner owned before living together, how shared expenses are split, how jointly acquired property and debts are treated, and how these are divided on separation. It should make clear it governs money and property only and does not waive any legal rights, and it should keep children's welfare outside its scope.
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