Cohabitation agreements (also known as nonmarital agreements) are similar to prenuptial agreements for couples who are planning to marry—but cohabitation agreements are for people who are living together and having a sexual relationship without being married. These agreements address issues that may arise during the relationship (payment of rent and other expenses, household chores)—and issues that may arise if the cohabitation relationship ends (ownership and division of home or other property, support).
In North Dakota, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements allow couples who live together without being married to outline their financial arrangements, property rights, and responsibilities during the relationship and in the event that the relationship ends. While North Dakota law does not specifically address cohabitation agreements, these contracts are generally upheld if they are in writing, entered into voluntarily by both parties, and if the terms do not violate public policy or law. It is important for individuals entering into a cohabitation agreement to fully disclose their financial situations to each other and to have the agreement reviewed by an attorney to ensure that it is fair and enforceable.