Cohabitation Agreement New York: Legal Guide for Unmarried Couples

Written by Yonatan Levoritz on September 17, 2025

Moving in together is a major milestone, but cohabitation doesn’t come with automatic legal protections in New York. Whether you’re buying property, sharing finances, or planning a future as an unmarried couple, a clear agreement can prevent costly misunderstandings later.

A cohabitation agreement in New York offers a proactive way to protect both partners. It defines how property, money, and shared responsibilities will be handled during the relationship and if it ends. This clarity can make tough transitions smoother and prevent costly misunderstandings.

At The Levoritz Law Firm, we help New Yorkers confidently approach these conversations. Whether you’re planning your future together or already living under one roof, we draft personalized agreements grounded in fairness, strategy, and New York law. We believe a strong relationship includes a strong legal foundation.

What Is a Cohabitation Agreement in New York?

A cohabitation agreement in New York is a binding legal contract between two people who live together in an intimate relationship without marriage. This document sets out each person’s rights and duties, especially concerning property ownership, shared expenses, debt responsibilities, and financial expectations. While it functions much like a prenuptial agreement, it’s designed specifically for couples who choose not to marry.

Unlike marital agreements, these contracts fall under New York contract law. That means they must be made voluntarily, fully transparently, and for a lawful purpose. The agreement can be personalized as the couple wants, covering anything from real estate to rent, shared bank accounts, or even who walks the dog. The key is that both parties understand and agree to the terms from the start.

Why Should Unmarried Couples Consider a Cohabitation Agreement?

Living together brings emotional and financial interdependence. However, unmarried couples in New York don’t benefit from the same legal presumptions as married spouses. That means if the relationship ends, there’s no automatic process for dividing shared property or determining financial obligations.

A cohabitation agreement provides:

• Legal clarity: Each partner knows their rights and responsibilities.
• Financial protection: Prevents disputes over joint purchases, real estate, or shared debt.
• Housing security: Specifies what happens to a shared apartment or home if the relationship ends.
• Conflict reduction: Establishes a roadmap in advance, reducing the need for litigation.
• Estate planning: Can outline expectations if one partner passes away, such as access to jointly held property or financial support.

Without this agreement, one partner may be left financially vulnerable. For instance, a person who contributed to mortgage payments but isn’t on the deed may not have any claim to the property.

Similarly, someone sacrificing a career to support the other may be left without recourse. A clear agreement can make all the difference in New York City’s complex housing and financial landscape.

What Can Be Included in a Cohabitation Agreement?

We work closely with clients to craft agreements that reflect the realities of their relationship. Each cohabitation agreement in New York may vary, depending on the couple’s circumstances and shared goals.

A well-written agreement doesn’t just protect assets—it builds a foundation of transparency that can strengthen the relationship itself.

Beyond outlining what happens if the relationship ends, these documents can also help define daily responsibilities and financial fairness while living together.

Property Ownership

• Clarification on who owns which assets acquired before or during the relationship
• Instructions for dividing jointly purchased property if the couple separates

Housing Arrangements

• Responsibility for rent, mortgage payments, and utilities
• What happens to the residence if the couple splits up

Bank Accounts and Finances

• Whether accounts will remain separate or be merged
• How household expenses are shared and tracked
• Division of savings, investments, or debts accumulated during cohabitation

Inheritance or Estate Planning Intentions

• Designation of one partner as a beneficiary in a will
• Whether the agreement should supplement or coordinate with estate plans

Children and Support (if applicable)

• While custody and child support issues are governed by family law and not private contracts, couples may still address mutual expectations regarding shared parenting roles or expenses.

It’s important that both parties understand every clause. We take the time to explain every detail, ensuring your final document is balanced, enforceable, and designed to evolve alongside your long-term plans.

Are Cohabitation Agreements Enforceable in New York?

Yes, New York courts generally recognize and enforce cohabitation agreements as long as they follow standard contract principles. That means:

• The agreement must be in writing.
• Both parties must enter into the agreement voluntarily.
• There must be complete and fair disclosure of assets and liabilities.
• The contract must not be unconscionable or promote illegal behavior.

According to the Legal Information Institute, contracts between cohabitants are enforceable in most states, including New York, as long as they meet traditional legal standards.

We always recommend that each partner consult their legal counsel before signing. This ensures fairness and may strengthen the contract’s enforceability by showing that both parties had independent representation.

Can a Cohabitation Agreement Be Modified or Terminated?

Yes, couples in New York can revise or cancel a cohabitation agreement whenever both parties agree. Life changes, like buying a home, having a child, or changing jobs, often prompt partners to revisit their original terms. Our firm regularly assists clients in updating agreements to reflect evolving responsibilities and shared goals.

All modifications must be documented in writing and signed by both parties. Verbal changes are formally avoided, as they create legal ambiguity. Some contracts incorporate periodic reviews so that they can be constantly updated and mature with the relationship.

Whether you’re adjusting a single clause or overhauling the entire document, an updated cohabitation agreement reflects your current reality, not outdated expectations.

Speak With a New York Family Law Lawyer Today

A well-written cohabitation agreement in New York actively protects your future and clears up any gray areas before they turn into legal battles. The Levoritz Law Firm helps couples make smart, confident decisions about what matters most. Have you got questions? Concerns? Give us a call at (718) 942-4004 and let’s talk through what works for your life right now.