Cohabitation Agreement in South Carolina — Free PDF & Word (2026 Updated)

Define rights for unmarried couples living together

Sales Tax: 6%Notary: $5Witnesses: 2

Document Preview


COHABITATION AGREEMENT
State of South Carolina

This Cohabitation Agreement is entered into on [DATE] between:

PARTY 1:
Name: [NAME]
Address: [ADDRESS], SC [ZIP]

PARTY 2:
Name: [NAME]
Address: [ADDRESS], SC [ZIP]

The parties intend to live together at [SHARED ADDRESS], SC [ZIP] and agree to the following terms:

1. PROPERTY:
   Property owned before cohabitation remains separate property.
   Property acquired jointly during cohabitation shall be owned [  ] equally [  ] proportionally.

2. EXPENSES:
   Rent/Mortgage: [  ] Split equally [  ] Party 1: [%] Party 2: [%]
   Utilities: [  ] Split equally [  ] [DESCRIBE]
   Groceries: [  ] Split equally [  ] [DESCRIBE]

3. BANK ACCOUNTS:
   [  ] Maintain separate accounts
   [  ] Open a joint account for shared expenses
   [  ] Both

4. DEBTS: Each party is responsible for their own pre-existing debts.

5. TERMINATION:
   Either party may terminate this agreement with [DAYS] days written notice.
   Upon termination, jointly owned property shall be [DESCRIBE DIVISION].

6. CHILDREN (if applicable): [DESCRIBE ARRANGEMENTS]

7. DISPUTE RESOLUTION: Disputes shall be resolved by [MEDIATION/ARBITRATION] in South Carolina.

This agreement is governed by South Carolina law (SC Statutes).

PARTY 1: _____________________ DATE: _____
PARTY 2: _____________________ DATE: _____

FAQ: Cohabitation Agreement in South Carolina

Is a Cohabitation Agreement required in South Carolina?

Yes, in South Carolina, a Cohabitation Agreement is required for most transactions of this type. Under South Carolina State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Cohabitation Agreement may result in legal complications.

Does a Cohabitation Agreement need to be notarized in South Carolina?

Notarization requirements in South Carolina (SC) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Cohabitation Agreement in South Carolina?

South Carolina has a base sales tax rate of 6%. Depending on the type of transaction documented in your Cohabitation Agreement, additional local taxes may apply. Consult with a South Carolina tax professional for specific guidance on your situation.

Cohabitation Agreement Costs in South Carolina

Estimated fees and processing times

Fee Type	Cost	Notes
Notary Fee	$5-$15 (if required)	South Carolina standard rate: $5
Filing Fee	Varies by state	State registration (if applicable)
Processing Time	1-3 business days	Typical turnaround in South Carolina
Sales Tax	6%	South Carolina base rate (local taxes may apply)
Witness Requirement	2 witnesses	South Carolina requires multiple witnesses
Our Template	FREE	Download instantly, no cost

Fees shown are South Carolina-specific estimates. Contact your local office for exact pricing.

Where to File Your Cohabitation Agreement in South Carolina

Visit your local County Clerk office to file or notarize your Cohabitation Agreement.

South Carolina County Clerk

South Carolina Capital

Main Government Building, South Carolina

District County Clerk

South Carolina Metro Area

County Courthouse, SC

South Carolina Cohabitation Agreement Legal Guide

For residents of South Carolina, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.

Under South Carolina State Code, residents of South Carolina must ensure this Cohabitation Agreement complies with all state requirements. The current sales tax rate is 6%, and notarization costs between $5. Two witnesses are mandatory in SC.

This professionally drafted form provides peace of mind knowing you're compliant with all South Carolina legal requirements.

unmarried coupledomestic partnershipshared expensesproperty rightsliving together

South Carolina residents searching for a reliable Cohabitation Agreement template have come to the right place. Our form is tailored to SC statutory requirements and updated for 2026, giving you a legally sound starting point.

Step-by-Step Process

1. Download the template — Our South Carolina-specific form includes all fields required by SC law.
2. Enter your information — Fill in names, addresses, dates, and transaction details accurately.
3. Review carefully — Double-check all entries against your source documents.
4. Sign and witness — Execute the document according to South Carolina's signature requirements.
5. Notarize if needed — Some South Carolina transactions require notarization.
6. File or distribute — Provide copies to all parties and file with the appropriate South Carolina office if required.

Enforceability in South Carolina

A Cohabitation Agreement that meets all SC requirements is fully enforceable in South Carolina. Courts in South Carolina have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

Avoid These Common Mistakes

South Carolina attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with SC law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when South Carolina law changes

What South Carolina Law Requires

South Carolina's statutes are clear: a valid Cohabitation Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under SC law can render the document unenforceable.

MCE

Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Cohabitation Agreement template for South Carolina has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

South Carolina Cohabitation Agreement Requirements

Review the following requirements to ensure your Cohabitation Agreement is legally valid in South Carolina.

Notarization required

2 witnesses must sign

Vehicle identification number (VIN) required

Odometer disclosure mandatory

Buyer and seller signatures required

Purchase price must be stated

Date of sale required

Blue or black ink only

Electronic signatures accepted

County clerk filing required

South Carolina Notarization

South Carolina requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.

Before You Sign

Review all information carefully. In South Carolina, a 6% sales tax may apply.

Legal Protection

Keep copies of all signed documents. South Carolina law requires all parties to receive copies of executed documents.

South Carolina Filing Deadlines

Check South Carolina deadlines for filing or recording this document with the appropriate county clerk's office.

Other Forms in South Carolina

Cohabitation Agreement in Neighboring States

Document Information

Document: Cohabitation Agreement
State: South Carolina (SC)
Category: Personal
Format: PDF / Word / Print
Cost: 100% Free
Sales Tax: 6%
Notary Fee: $5

South Carolina Legal Requirements

Governing Statute:

State Law

✓Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in South Carolina may change. Consult a licensed attorney for advice specific to your situation.