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Cohabitation Agreement Cost in 2026, and What It Actually Has to Include

Prices checked on the providers' own pages in October 2026, a copy-ready clause checklist, what a cheap template leaves out, and how it differs from a prenup.

UnmarriedCouple.com Editorial TeamLast reviewed October 2026

A DIY cohabitation agreement template costs $7.50 to $119 one-time at LawDepot (checked 18 October 2026), or $49 a month after a 7-day free trial. A lawyer bills by the hour or quotes a flat fee: in Texas, the State Bar's 2025 survey puts the median private-practice rate at $368 an hour across all practice areas. No published total for a lawyer-drafted agreement could be verified, so ask any firm for a written quote. A lawyer for each partner costs more again, and is also what makes the agreement hardest to attack later.

The short version

  • Budget by complexity, not by a single number. Renters splitting furniture can start from a template. Couples with a house, a business, retirement accounts, or a big income gap are paying for advice, not paperwork.
  • Cheap is fine for simple lives. A template gives you a filled-in form. It does not check your state's rules, your disclosure, or whether a clause will hold up. Cancel any free trial you do not want to roll into a monthly charge.
  • Some states insist on a written, signed contract. Texas requires a writing for agreements made on consideration of nonmarital cohabitation. In Minnesota, courts must dismiss property claims between cohabitants unless there is a written contract signed by both.
  • It cannot control child support or custody. A court decides those by the child's best interests and is not bound by your contract.
  • Your state matters. California enforces these agreements under Marvin v. Marvin. Illinois refuses marriage-like property claims between unmarried partners, a rule its Supreme Court reaffirmed in 2016.
  • It does not replace an estate plan. An unmarried partner gets no spousal inheritance or gift-tax treatment. Pair the agreement with a will, beneficiary designations, a power of attorney, and a healthcare proxy.

What a cohabitation agreement costs

There is no single price. What you pay depends on how the agreement is made and how much you are dividing. Every figure below comes from the named provider's or body's own page, checked on 18 October 2026. Where no price could be verified, the table says so instead of guessing.

DIY template, one document
Price (checked 18 Oct 2026)
$7.50 to $119, one-time (LawDepot's published single-document range; the exact price shows at checkout)
Source
LawDepot cohabitation agreement page
What you get, and what you give up
A filled-in form you sign yourselves. No one checks it against your state's rules or your facts.
DIY template, subscription
Price (checked 18 Oct 2026)
$0 for 7 days, then $49 a month until you cancel; or $155.88 for a year
Source
LawDepot cohabitation agreement page
What you get, and what you give up
Unlimited documents. Easy to forget the renewal.
Online service with attorney review
Price (checked 18 Oct 2026)
No price for a US cohabitation agreement could be verified today
Source
None verified
What you get, and what you give up
For scale only: HelloPrenup's online prenup is $599 per couple with no attorney on your agreement, or $2,197 with one attorney for each partner (see the prenup section below).
Attorney, billed hourly
Price (checked 18 Oct 2026)
Texas median $368 an hour in 2025 (all practice areas, full-time private practitioners; not a family-law figure)
Source
State Bar of Texas, 2025 Income and Hourly Rate Report
What you get, and what you give up
Advice on your state's law, drafting to your facts, and negotiation. Total cost depends on hours.
Attorney, flat fee
Price (checked 18 Oct 2026)
No published benchmark could be verified
Source
None verified
What you get, and what you give up
Ask each firm for a written flat-fee quote that says what it covers: drafting, rounds of revisions, and the signing meeting.
Separate attorney for each partner
Price (checked 18 Oct 2026)
Two sets of fees
Source
Follows from the rows above
What you get, and what you give up
The strongest evidence that both of you understood and chose the terms.
Notarization
Price (checked 18 Oct 2026)
Texas: up to $10 for the first signature and $1 for each additional one. Maryland: up to $8 per notarial act, $30 if done remotely.
Source
Texas Government Code 406.024; Maryland Secretary of State notary FAQ (COMAR 01.02.08.02)
What you get, and what you give up
Proof that the signatures are genuine. Other states set their own caps.

Provider prices are as published on their own pages on 18 October 2026 and can change at any time. Check the current price before you buy. The Texas hourly figure is a statewide median for all practice areas, so a family lawyer near you may charge more or less.

Why the price varies so much

The cost tracks complexity and risk, not page count. A few facts about your life are what move you from a template to a lawyer:

  • Real estate. A home one of you owns, or one you buy together, means title, mortgage, equity, and a buyout-or-sell plan. That usually calls for a lawyer.
  • A business or professional practice. Valuing and protecting an ownership interest takes legal and often accounting help.
  • Retirement and investment accounts. Separating what stays yours from what you build together takes careful drafting.
  • A large income gap. If one partner earns far more, or one leaves a career to run the household, support-on-separation terms get negotiated, and each side wants their own advocate.
  • Separate counsel. Two lawyers means two bills. It is also the biggest single upgrade in how well the agreement stands up if it is ever challenged.

Cheap options: what you get and what you lose

A low-cost template is a reasonable choice when you rent, own little, and mainly want a written record of who paid for what. It is a poor choice when the stakes are high. Here is the honest trade.

  • You get: a structured questionnaire, standard clauses, and a document you can print and sign the same day.
  • You lose a state check. A form will not tell you that Minnesota only enforces these contracts if they are written, signed, and enforcement is sought after the relationship ends, or that Illinois courts reject marriage-like property claims between unmarried partners.
  • You lose advice. A form will not tell you whether a clause is one-sided enough to be attacked later, or what to do about a house that is in one name.
  • You lose independent counsel. If the agreement is ever challenged, two people who each had their own lawyer are in a much stronger position than two people who filled in a form together.
  • Watch the billing. LawDepot's free week renews at $49 a month unless you cancel. If you only need one document, compare that with the one-time single-document price before you start.
A middle path: draft the agreement yourselves from a template, then pay a lawyer in your state to review it. You pay for review time instead of a full drafting job (ask the lawyer up front how many hours a review will take), and you find out whether your state has rules a form missed.

What a cohabitation agreement must include

At its core the document answers one question in advance: if we split up or one of us dies, who gets what and who owes what. A solid agreement covers the items below. Use this as your starting checklist.

Clause checklist

  • Full legal names, the date, and a plain statement that you intend to remain unmarried
  • A schedule of each partner's assets, income, and debts, attached as disclosure
  • Property each of you owned before moving in, kept separate
  • Property acquired during the relationship, and whether it is separate or jointly owned
  • The home: who holds title, who pays the mortgage, who builds equity, and what happens to it on a split (buyout formula or sale)
  • Bank, retirement, and investment accounts, joint and separate
  • How day-to-day income and expenses are split (rent, utilities, groceries, who pays what share)
  • Debts: each partner's pre-existing debt, any jointly incurred debt, and who repays what
  • Big purchases (car, furniture, appliances) and who keeps them on separation
  • Pets: who owns them and who keeps them if you part ways
  • Whether either partner provides financial support during the relationship or after separation, or expressly does not
  • What happens on death, with a pointer to wills and beneficiary designations (the agreement alone does not transfer assets at death)
  • Dispute resolution: mediation or arbitration, and which state's law governs
  • An amendment-and-termination clause so you can update it or end it in writing
  • A severability clause so one bad provision does not sink the whole agreement
  • Signatures and the date, ideally notarized

Cohabitation agreement vs prenup: cost and differences

The two documents cover similar ground, but they do different jobs. A cohabitation agreement governs an unmarried couple living together. A prenup is signed before a wedding and only takes effect on marriage. Texas law is a clear example of the prenup side: a premarital agreement must be in writing and signed by both parties, it is enforceable without consideration, and it becomes effective on marriage.

Who it is for
Cohabitation agreement
Unmarried couples living together, or about to
Prenup
Couples about to marry
When it takes effect
Cohabitation agreement
When you sign it
Prenup
On the wedding (Texas Family Code 4.004)
Governing law
Cohabitation agreement
Ordinary contract law plus any state cohabitation rules (for example Texas Business and Commerce Code 26.01, Minnesota Statutes 513.075 and 513.076)
Prenup
A state premarital agreement statute (for example Texas Family Code chapter 4)
Child support
Cohabitation agreement
Cannot bind a court
Prenup
Cannot bind a court. Texas says a premarital agreement may not adversely affect a child's right to support (4.003(b))
Published online price (18 Oct 2026)
Cohabitation agreement
LawDepot template $7.50 to $119 one-time, or subscription
Prenup
HelloPrenup $599 per couple without an attorney on your agreement; $2,197 with one attorney each ($799 per partner for representation)
Lawyer cost
Cohabitation agreement
Billed hourly or flat fee
Prenup
Billed hourly or flat fee

HelloPrenup's pricing page lists prenup prices, not a cohabitation agreement, so its prices are shown only for the prenup column.

Does a cohabitation agreement cost the same as a prenup? When a lawyer writes either one, you pay for the same thing: their time, priced hourly or as a flat fee, and the cost rises with assets and negotiation. We could not find a verified survey comparing the two directly, so ask any firm to quote both if you are weighing them. Online, prenup prices are easier to find, and the cheapest cohabitation option is a template.

Planning to marry someday? Do not assume your cohabitation agreement carries over after the wedding. If marriage is on the table, ask a lawyer about replacing it with a prenup, which in states like Texas has its own formal rules.

Texas, Minnesota and Maryland: cost and rule notes

Texas

The State Bar of Texas 2025 Income and Hourly Rate Report puts the median hourly rate for full-time private practitioners at $368. It is a figure for all practice areas, not family law alone. By metro area, medians were $377 in Houston, $388 in Dallas-Fort Worth, $398 in Austin and $332 in San Antonio. Texas also requires an agreement made on consideration of nonmarital conjugal cohabitation to be in writing and signed (Business and Commerce Code 26.01). A Texas notary may charge up to $10 for the first signature on an acknowledgment and $1 for each additional signature.

Minnesota

Yes, a Minnesota lawyer will charge to draft one, but we found no published Minnesota price we could verify, so get written quotes. What Minnesota law does make clear is the format. Under Minnesota Statutes 513.075, a contract between cohabiting partners about property and money is enforceable only if it is written and signed by both, and only once the relationship has ended. Under 513.076, without such a contract the courts must dismiss a claim to the other partner's earnings or property based on living together. The statute's wording refers to a man and a woman, so ask a Minnesota lawyer how it applies to your relationship.

Maryland and Baltimore

We found no verified published fee for a Baltimore or Maryland lawyer drafting a cohabitation agreement, so ask firms for a written flat-fee quote. One cost that is fixed: a Maryland notary may charge no more than $8 per notarial act, or $30 for a remote notarization, according to the Maryland Secretary of State. The Maryland Court Help Center offers free legal help by phone and chat for people without a lawyer; ask them whether they can help with a contract like this or point you to low-cost options.

What actually makes it hold up

A signed agreement is not automatically an enforceable one. The habits below make an agreement much harder to attack later.

  1. Put it in writing and sign it. California's Marvin v. Marvin allows some oral and implied agreements, but Texas and Minnesota require a written, signed contract by statute. Proving unwritten terms years later is close to impossible anyway.
  2. Give consideration that is not sex. Under Marvin, an agreement is unenforceable to the extent it is "explicitly founded on the consideration of meretricious sexual services." Base it on pooling earnings, sharing property, and dividing expenses.
  3. Disclose finances fully and fairly. Both partners should lay out assets, income, and debts. Hiding a major asset invites a challenge later.
  4. Sign voluntarily. No pressure, no signing the night before a lease starts. Give each other time to read and think.
  5. Use separate counsel when the stakes are real. Each partner having their own lawyer is the strongest sign that the deal was informed and fair.
Notarization is not always legally required for a cohabitation agreement, but it makes the signatures far easier to prove. Texas caps the fee at $10 for the first signature and $1 for each additional one. Maryland caps it at $8 per act in person, or $30 for a remote notarization (see the cost table).

What a cohabitation agreement cannot do

Some limits apply no matter what you sign.

It cannot bind a court on child support, custody, or parenting time. No private contract can tie a judge's hands on children. The principle shows up in the law for married couples too: under Section 306 of the Uniform Marriage and Divorce Act, a separation agreement binds the court, unless the court finds it unconscionable, except for its terms on the support, custody, and visitation of children, and Texas says a premarital agreement may not adversely affect a child's right to support. You may state your intentions about the kids. A judge can override them.

It cannot create a marriage or marital rights. A cohabitation agreement is a contract, not a marital status. Living together does not make you married in most states.

It cannot give your partner automatic inheritance or spousal tax treatment. Intestacy laws pass property to a spouse and relatives. Texas's rules in Estates Code chapter 201 are one example, and an unmarried partner is not on the list. Federal spousal gift-tax treatment does not apply either. Pair the contract with estate documents.

Does your state actually enforce it?

Whether your agreement is worth the paper it is on depends on your state.

Marvin v. Marvin (California, 1976) held that courts should enforce express contracts between unmarried partners, except to the extent the contract rests on sexual services, and may look at the couple's conduct to find an implied agreement. Other states set their own rules, sometimes by statute, as Texas and Minnesota have.

Illinois went the other way. In Hewitt v. Hewitt (1979) the Illinois Supreme Court refused to enforce property claims arising from a marriage-like relationship. In Blumenthal v. Brewer (2016) the same court declined to overrule Hewitt, held that "it remains good law," and said that changing the policy is for the legislature. In Illinois, the usual cohabitation agreement faces real headwinds.

A cohabitation agreement is not guaranteed nationwide protection. The rules vary by state. Confirm your own state's rule, ideally with a local family-law attorney, before you rely on the contract.

You may also see claims that couples automatically become spouses after living together for two years. That comes from British Columbia's Family Law Act, section 3, a Canadian law, not a US one. In the US, unmarried partners get nothing automatically, which is exactly why the contract exists.

The tax and inheritance gap

You are not spouses in the eyes of the IRS or your state's inheritance law, and that has hard consequences.

$19,000

2026 annual gift-tax exclusion per recipient, per the IRS. Gifts to a partner above this may require IRS Form 709, because the marital deduction applies to legal spouses, not to registered domestic partners or civil-union partners.

  • No spousal transfer break. Give your partner more than $19,000 in money or property in 2026 and you may need to file a gift tax return. Gifts to a spouse qualify for the marital deduction instead.
  • No automatic inheritance. If you die without a will, intestacy law passes your property to a spouse and relatives, not to an unmarried partner.
  • Registered partners are still not spouses federally. The IRS says the terms spouse, husband and wife do not include a registered domestic partnership or civil union that state law does not call a marriage.
  • So pair the agreement with an estate plan. A will, updated beneficiary designations on retirement and life-insurance accounts, a durable power of attorney, and a healthcare proxy. The cohabitation agreement divides assets; these documents actually transfer them and let you speak for each other in a crisis.

Which option do you actually need?

Use this to size your spend before you call anyone. Work top to bottom and stop at the first row that fits.

A home, a business, retirement accounts, a big income gap, or kids from a prior relationship
What to do
Attorney-drafted, separate counsel for each partner
Where the money goes
Two lawyers' fees, hourly or flat
Meaningful shared finances but no real estate or business
What to do
One attorney, or a template reviewed by an attorney, with full disclosure on both sides
Where the money goes
One lawyer's fee, or the lawyer's quoted review time
Modest shared rent, furniture, a joint account or two
What to do
A template, then notarize
Where the money goes
A one-time template fee plus a notary fee (check your state's cap)

Whichever row you land in, add two steps: check your own state's rule (Texas and Minnesota require a signed writing; Illinois rejects marriage-like property claims), and pair the agreement with estate documents (will, power of attorney, healthcare proxy, beneficiaries).

General information, not legal or tax advice. US law varies by state and changes over time. We cite primary sources so you can verify everything, but for your own situation confirm with a qualified attorney or tax professional in your state. See our editorial & sourcing policy.

Common questions

Is a cohabitation agreement legally binding?

In many states, yes, if it is written, signed, supported by consideration that is not sex, based on full financial disclosure, and signed voluntarily. Texas and Minnesota require a signed writing by statute. Illinois is the main exception: under Hewitt v. Hewitt, reaffirmed in Blumenthal v. Brewer (2016), its courts reject marriage-like property claims between unmarried partners. Confirm your state's rule before relying on it.

Is a cheap template good enough?

For renters with few assets, often yes. As of 18 October 2026 LawDepot charges a one-time $7.50 to $119 for a single document, or offers a free week that renews at $49 a month. What you lose is any check against your state's rules and any advice on fairness or disclosure. If you own a home or business, or one of you earns far more, pay a lawyer at least to review it.

Do you need a lawyer to write one?

Not legally. You can use a template for simple situations like shared rent and furniture. But if you own a home or business, have retirement accounts, or there is a large income gap, an attorney is worth it, and ideally each partner has their own.

One of us has much more debt than the other. What should the agreement say?

List each partner's existing debts in the agreement, state that each person stays responsible for their own, and spell out how any joint debts are split if you separate. Keep in mind the agreement is between the two of you. Check your loan documents: the lender can usually pursue whoever signed, so avoid putting one partner's debt into joint names.

Does a cohabitation agreement cost the same as a prenup?

Lawyers price both the same way, by the hour or as a flat fee, and the bill rises with assets and negotiation. We found no verified survey comparing the two. Online, HelloPrenup's prenup is $599 per couple without an attorney on your agreement, or $2,197 with one attorney each (checked 18 October 2026). Its pricing page lists prenup prices, not a cohabitation agreement.

How much does a cohabitation agreement cost in Texas?

We found no published figure for this document. The State Bar of Texas 2025 report puts the median hourly rate for full-time private practitioners at $368 across all practice areas. Among the four largest metros it runs from $332 in San Antonio to $398 in Austin. Texas also caps notary fees at $10 for the first signature and $1 for each additional one.

Can a cohabitation agreement cover child custody and child support?

You can write down your intentions, but a court is not bound by them. Child support and custody are decided by the court in the child's interests. The same carve-out appears in Section 306 of the Uniform Marriage and Divorce Act for married couples, and Texas says even a prenup may not adversely affect a child's right to support.

Does living together for several years make you common-law married?

Usually no. Time alone never does it. A few states still recognize informal marriage, Texas among them. Under Texas Family Code 2.401, an informal marriage can be proved in one of two ways: a signed declaration of informal marriage, or evidence that the couple agreed to be married, then lived together in Texas as spouses and told others they were married. If no case is brought within two years of separating, Texas presumes, unless shown otherwise, that there was no agreement to marry. Check your own state's rule.

Does a cohabitation agreement need to be notarized?

Not always, but it is worth doing because it makes the signatures easy to prove. Many states cap the fee, so check your state's cap. In Texas it is up to $10 for the first signature and $1 for each additional one, and in Maryland up to $8 per act, or $30 remotely.

Sources & further reading

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