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Nonmarital Cohabitation Agreement Overview
Summary
A nonmarital cohabitation agreement outlines the property rights and financial responsibilities of two parties living together without being married. It includes clauses on marital status, consideration, financial disclosure, division of living expenses, separate and joint property, commingling of property, and property division upon termination. The agreement emphasizes the duty of good faith and allows for unilateral termination. It is governed by the laws of the state where the parties reside, in this case, Mississippi. The agreement ensures that both parties retain their legal names and that any modifications must be in writing. It also includes a severability clause to maintain the agreements validity if any part is deemed unenforceable.Full Conversation
NONMARITAL COHABITATION / LI****ING TOGETHER AGREEMENT
AGREEMENT made this 6th day of October , *, by and between Jennifer Delores Bouknight, "First Party", and ****ance Howard Harris, "Second Party".
The parties, who currently reside together at * Peachtree Ridge Meridian, MS * since July * and plan to maintain this cohabitation, each have children from prior relationships. Jennifer Bouknight, a single parent, has two children who reside and will continue to reside in the household. ****ance Harris, a single parent, has three children who reside and will continue to reside in the household.
WHEREAS the parties desire to affix and define their respective property rights and liabilities arising from their joint residency;
WHEREAS the parties each acknowledge that they enter into this agreement voluntarily, without any duress or undue influence, and that each has had the opportunity to consult with counsel of his/her choice;
THE PARTIES HEREBY AGREE:
*. Marital Status. The joint residency of the parties shall in no way render the parties married, by operation of common law or any other operation of law.
*. Consideration. Consideration for this Agreement consists solely of the mutual promises herein contained and the mutual promises of each party to act as the living companion and partner to the other. This Agreement fully contemplates and compensates any and all services provided by either party for the benefit of the other during the course of their joint residency. The furnishing of sexual services shall in no way be construed as consideration for this Agreement.
*. Disclosure of Current Financial Status.
The parties hereby represent and warrant that they have fully and accurately disclosed to each other their respective financial situations, including all assets and liabilities, to the best of their knowledge and belief. The parties acknowledge that they have entered into this agreement with only a minimal amount of personal property for themselves and their children, and a limited amount of household goods, such as furniture, electronics, and other items. The parties further that Jennifer Bouknight is the sole owner of a * Chevrolet Tahoe, black in color, and that ****ance Harris is the sole owner of a * Crown ****ictoria p25 police interceptor. Jennifer Bouknight is the owner of the property at * Peachtree Ridge Meridian MS *. Jennifer's name does not appear on the title of the home because she never added her name after divorce court granted it to her.
*. Division of Living Expenses. Necessary and jointly approved living expenses shall be apportioned between the parties as follows:
The First Party shall contribute ( *%) per month;
The Second Party shall contribute percent( *%) per month.
The parties shall deposit their pro rata contributions monthly into the joint checking account of the parties. Either party may draw upon this checking account. Any property purchased from this checking account shall be considered joint property of the parties, owned according to the respective party's percentage of contribution stated above. Jennifer agrees to maintain all household expenses and bank accounts due to ****ance running wreckers and may not be available. Jennifer also aggress to add any required money for ****ance's share of expense as needed from his business account form the */* business partnership between Jennifer and ****ance.
*. Separate Property. The parties shall keep the following properties as the separate property of the recipient and said properties shall not be subject to division at the termination of this Agreement:
(A) Individual gifts, bequests, devises or inheritances acquired before or after the execution of this Agreement;
(B) All property, real or personal, owned by a party at the date of execution of this Agreement.
*. Joint Property. The parties hereby represent and warrant that they have fully and accurately disclosed to each other their respective financial situations, including all assets and liabilities, to the best of their knowledge and belief. The parties acknowledge that they have entered into this agreement with only a minimal amount of personal property for themselves and their children, and a limited amount of household goods, such as furniture, electronics, and other items. The parties further that Jennifer Bouknight is the sole owner of a * Chevrolet Tahoe, black in color, and that ****ance Harris is the sole owner of a * Crown ****ictoria p25 police interceptor.
*. Commingling of Property. Absent a reasonable demonstration of sole ownership, where either party commingles joint property with separate property, any commingled property shall be presumed to be joint property of the parties.
*. Division of Property upon Termination. Upon termination of this Agreement or termination of the joint residency, all jointly owned property shall be divided among the parties according to their pro rata share listed above. If the parties are unable to agree on the appropriate division of joint property, they may appoint an independent and mutually agreed upon Third-party to act as Appraiser. The Appraiser shall divide the property among the parties according to his/her pro rata share.
*. Duty of Good Faith. This Agreement creates a fiduciary relationship between the parties in which each party agrees to act with the utmost of good faith and fair dealing toward the other in the management of their joint property and in all other aspects of this Agreement.
*. Legal Names of Parties. Each party shall retain his/her legal name, including surname, as printed and signed in this Agreement.
*. Duration of Agreement. This Agreement shall become effective at the date of execution and shall remain in effect until termination. Termination shall be effected by written notice by either party, cessation of the joint residency by either party or death of either party. Either party may terminate this Agreement unilaterally at any time.
*. Death of Party. Upon the death of either party, the surviving party waives all rights to support by the deceased party.
*. Complete Agreement. It is the intent of the parties that this Agreement be the full and complete agreement between the parties regarding their joint residency. There are no other agreements between the parties regarding their joint residency other than those stated herein. This Agreement shall only be modified by a writing executed by both parties hereto.
*. Severability of Provisions. Should any paragraph or provision of this Agreement be held invalid, void, or otherwise unenforceable, it is the intent of the parties that the remaining portions shall nevertheless continue in full force and effect without impairment.
*. Governing Law. This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of ___________________________.
IN WITNESS WHEREOF , the parties have executed this Agreement at ______________________________ on this _____ day of _____________________________, 20___.
_________________________________
First Party
_________________________________
Second Party
_________________________________
Witness
_________________________________
Witness
To determine the governing law for your agreement, you'll need to specify the state. Since you mentioned living in Meridian, MS, it would be appropriate to use Mississippi law.
Would you like guidance on any specific clause or aspect of this agreement?
Would you like guidance on any specific clause or aspect of this agreement?
Rewrite
Sure, I can assist with that. Here's a revised version of your agreement:
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NONMARITAL COHABITATION / LI****ING TOGETHER AGREEMENT
AGREEMENT made this 6th day of October, *, by and between Jennifer Delores Bouknight ("First Party") and ****ance Howard Harris ("Second Party").
WHEREAS:
- The parties currently reside together at * Peachtree Ridge, Meridian, MS * since July *.
- Each party has children from prior relationships who also reside in the household.
- The parties desire to define their respective property rights and liabilities arising from their joint residency.
- Both parties acknowledge entering into this agreement voluntarily, without duress or undue influence, and have had the opportunity to consult with counsel of their choice.
THE PARTIES HEREBY AGREE:
*. Marital Status: Joint residency shall not render the parties married by any operation of law.
*. Consideration: Consists of mutual promises to act as living companions and partners. Sexual services are not considered as consideration for this agreement.
*. Disclosure of Current Financial Status: Both parties have fully disclosed their financial situations, includingall assets and liabilities. Jennifer Bouknight is the sole owner of a * Chevrolet Tahoe and the property at * Peachtree Ridge. ****ance Harris is the sole owner of a * Crown ****ictoria p25 police interceptor.
*. Division of Living Expenses: Each party shall contribute *% of necessary and jointly approved living expenses, deposited monthly into a joint checking account. Jennifer will manage household expenses and bank accounts.
*. Separate Property: Individual gifts, bequests, devises, inheritances, and property owned before the agreement remain separate.
*. Joint Property: Joint property includes items purchased from the joint checking account, owned according to each party's contribution.
*. Commingling of Property: Commingled property is presumed to be joint property unless sole ownership is demonstrated.
*. Division of Property upon Termination: Joint property will be divided according to the pro rata share. If parties cannot agree, an independent appraiser will divide the property.
*. Duty of Good Faith: Each party agrees to act in good faith and fair dealing in managing joint property and all aspects of this agreement.
*. Legal Names of Parties: Each party retains their legal name as printed and signed in this agreement.
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NONMARITAL COHABITATION / LI****ING TOGETHER AGREEMENT
AGREEMENT made this 6th day of October, *, by and between Jennifer Delores Bouknight ("First Party") and ****ance Howard Harris ("Second Party").
WHEREAS:
- The parties currently reside together at * Peachtree Ridge, Meridian, MS * since July *.
- Each party has children from prior relationships who also reside in the household.
- The parties desire to define their respective property rights and liabilities arising from their joint residency.
- Both parties acknowledge entering into this agreement voluntarily, without duress or undue influence, and have had the opportunity to consult with counsel of their choice.
THE PARTIES HEREBY AGREE:
*. Marital Status: Joint residency shall not render the parties married by any operation of law.
*. Consideration: Consists of mutual promises to act as living companions and partners. Sexual services are not considered as consideration for this agreement.
*. Disclosure of Current Financial Status: Both parties have fully disclosed their financial situations, includingall assets and liabilities. Jennifer Bouknight is the sole owner of a * Chevrolet Tahoe and the property at * Peachtree Ridge. ****ance Harris is the sole owner of a * Crown ****ictoria p25 police interceptor.
*. Division of Living Expenses: Each party shall contribute *% of necessary and jointly approved living expenses, deposited monthly into a joint checking account. Jennifer will manage household expenses and bank accounts.
*. Separate Property: Individual gifts, bequests, devises, inheritances, and property owned before the agreement remain separate.
*. Joint Property: Joint property includes items purchased from the joint checking account, owned according to each party's contribution.
*. Commingling of Property: Commingled property is presumed to be joint property unless sole ownership is demonstrated.
*. Division of Property upon Termination: Joint property will be divided according to the pro rata share. If parties cannot agree, an independent appraiser will divide the property.
*. Duty of Good Faith: Each party agrees to act in good faith and fair dealing in managing joint property and all aspects of this agreement.
*. Legal Names of Parties: Each party retains their legal name as printed and signed in this agreement.
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