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Tom Blake, 75, author of How 50 Couples Found Love After 50 (Tooters Publishing), has lived with his partner, Greta Cohn, for 14 years. This can be used to demonstrate that they were competent when they signed it. If children refuse to participate, partners should consider videotaping a statement in which they outline the terms of the agreement. “I want to have an agreement that avoids a legal challenge, not survives it.” “I can write an agreement that I am sure will survive a legal challenge, but surviving a legal challenge sometimes means five years and $100,000 in fees,” Hertz says. Including adult children will reduce the likelihood that they’ll challenge the terms of the agreement. Whenever possible, the children should be involved, too. That way, in the event of a contentious breakup, one partner can’t claim that he or she didn’t understand the terms of the agreement. To reduce conflicts, Hertz recommends that both partners hire their own lawyer to draft the cohabitation agreement. For example, you can include language in the agreement that states that if you part ways, “we leave with what we came with,” Hertz says. Will one partner have the right to buy the other out? Will you sell it? Similarly, if one partner dies, does the survivor have the right to buy out the deceased partner’s share from the estate? The agreement also lets you address what should happen to other property in the event of a breakup-particularly property you owned before you got together. Your cohabitation agreement should address what will happen to the home if you break up.