Free Printable South Dakota Cohabitation Agreement & Requirements

Define rights for unmarried couples living together

Sales Tax: 4.5%Notary: $10Witnesses: 1

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COHABITATION AGREEMENT
State of South Dakota

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

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

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

The parties intend to live together at [SHARED ADDRESS], SD [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 Dakota.

This agreement is governed by South Dakota law (SD Statutes).

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

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 Dakota has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Cohabitation Agreement Costs in South Dakota

Estimated fees and processing times

Fee Type	Cost	Notes
Notary Fee	$5-$15 (if required)	South Dakota standard rate: $10
Filing Fee	Varies by state	State registration (if applicable)
Processing Time	1-3 business days	Typical turnaround in South Dakota
Sales Tax	4.5%	South Dakota base rate (local taxes may apply)
Witness Requirement	1 witness	Single witness sufficient
Our Template	FREE	Download instantly, no cost

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

FAQ: Cohabitation Agreement in South Dakota

Is a Cohabitation Agreement required in South Dakota?

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

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

Notarization requirements in South Dakota (SD) vary by transaction type. Notary fees in the state typically range from $10. 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 Dakota?

South Dakota has a base sales tax rate of 4.5%. Depending on the type of transaction documented in your Cohabitation Agreement, additional local taxes may apply. Consult with a South Dakota tax professional for specific guidance on your situation.

South Dakota Cohabitation Agreement Requirements

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

Notarization required

1 witness 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 Dakota Notarization

While notarization may not be required in South Dakota, it is recommended. Fees range from $10.

Before You Sign

Review all information carefully. In South Dakota, a 4.5% sales tax may apply.

Legal Protection

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

South Dakota Filing Deadlines

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

South Dakota Cohabitation Agreement Legal Guide

This legally binding document in South Dakota serves as official proof of transaction and is recognized by courts and government agencies.

Pursuant to South Dakota State Code in South Dakota, this Cohabitation Agreement must meet specific criteria. The applicable sales tax is 4.5%. Notarization, which costs $10 in SD, is strongly recommended. 1 witness is needed.

This document offers comprehensive legal protection tailored specifically to South Dakota's unique statutory framework.

unmarried coupledomestic partnershipshared expensesproperty rightsliving together

A properly executed Cohabitation Agreement in South Dakota protects all parties involved and ensures compliance with SD state law. Below, we cover the critical steps, common pitfalls, and state-specific rules you should be aware of before signing.

Your South Dakota Filing Guide

After downloading, take your time filling in each section. SD statutes require that all information be accurate and current. Once signed by all parties, determine whether South Dakota requires you to file the document with a government office, record it with the county, or simply retain it for your records.

Pro Tips for South Dakota Residents

- Use blue or black ink when signing physical copies in South Dakota
- Keep digital backups of all signed documents
- Check for local county requirements that may apply in addition to SD state law
- Don't backdate — South Dakota courts view backdated documents unfavorably
- Consult an attorney for transactions exceeding $10,000 in value

Enforceability in South Dakota

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

Meeting South Dakota's Legal Threshold

For your Cohabitation Agreement to hold up in a South Dakota court, it must satisfy the state's statutory requirements. SD law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.

Where to File Your Cohabitation Agreement in South Dakota

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

South Dakota County Clerk

South Dakota Capital

Main Government Building, South Dakota

District County Clerk

South Dakota Metro Area

County Courthouse, SD

Other Forms in South Dakota

Cohabitation Agreement in Neighboring States

Document Information

Document: Cohabitation Agreement
State: South Dakota (SD)
Category: Personal
Format: PDF / Word / Print
Cost: 100% Free
Sales Tax: 4.5%
Notary Fee: $10

South Dakota 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 Dakota may change. Consult a licensed attorney for advice specific to your situation.