Cohabitation Agreements

Whether it’s a matter of delaying marriage, personal choice, or past relationship experiences, many couples across Texas choose to live together without formalizing their relationship through marriage. It is not surprising, then, that non-marital cohabitation agreements have gained popularity, as they can help couples define their relationship terms, particularly for matters like property ownership, shared finances, and even the operation of joint businesses. If you and your romantic partner currently reside together or are considering joining homes, it is in your best interest to talk to an attorney about whether a cohabitation agreement may benefit you. The capable Dallas family law attorneys of McClure Law Group can advise you of your options and help you take the measures needed to protect your rights and clarify your obligations.

A cohabitation agreement, sometimes called a non-marital agreement, allows couples who live together to establish clear guidelines for financial and personal matters without entering into a marriage. Given that Texas law can leave many aspects of unmarried relationships undefined, a cohabitation agreement is a practical way to protect oneself financially and legally.

The Texas Family Code contains limited provisions regarding cohabitation agreements. Specifically, it merely states that a cohabitation agreement or promise cannot be enforced unless it is in writing and signed by the person obligated by the agreement. This means that for a cohabitation agreement to be enforceable in Texas, it must be written and signed by both parties. However, this single provision leaves many questions unanswered, particularly concerning which terms are permitted under Texas law.

One key consideration for couples creating a cohabitation agreement is ensuring that the agreement’s terms do not violate public policy. Texas public policy does not grant unmarried couples the same benefits as married couples, which can impact what is legally permissible within a cohabitation agreement. For example, while a cohabitation agreement can address shared financial responsibilities and property rights, it may not provide the same benefits that Texas law grants to spouses in marriage.

For many couples, one of the primary functions of a cohabitation agreement is to determine how property and assets will be divided if the relationship ends. For example, a cohabitation agreement can specify whether property acquired during the relationship will be considered joint or separate property. Additionally, it can outline how jointly held assets will be handled if the couple separates, allowing each party to protect their individual assets and avoid potential disputes. By defining ownership rights and financial responsibilities, a cohabitation agreement can help avoid misunderstandings and financial loss if the relationship ends.

Texas recognizes common-law marriage, also known as “informal marriage,” when certain conditions are met. A common-law marriage is established if a couple agrees to be married, lives together as husband and wife, and represents themselves as married to others. Common-law marriages are legally binding in Texas and entitle each partner to the same rights as those in a formal marriage, including property division rights in divorce.

A cohabitation agreement can prevent couples who do not intend to enter into a common-law marriage from inadvertently assuming this legal status. By explicitly stating that the relationship does not constitute a common-law marriage and defining the nature of the relationship, the agreement can help protect both parties from unintended legal consequences. This clarity is especially important for couples who do not wish to become liable for each other’s debts or assets beyond what is defined in the agreement.

A carefully crafted cohabitation agreement can provide peace of mind, knowing that both parties’ rights and responsibilities are clearly defined. If you are in a non-marital relationship and are considering a cohabitation agreement, you should talk to an attorney about your rights and options under Texas law. The seasoned Dallas family law attorneys of McClure Law Group have ample experience drafting non-marital contracts, and if you engage in our services, we can guide you through the process of drafting an agreement that meets your needs and protects your interests.

Our main office is located in Dallas, and we have a Collin County office in Plano, where we are available to meet with clients by appointment. We frequently aid people with family law matters in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also represent people with family law disputes in cities in Dallas, Denton, Collin, Rockwall, Tarrant, and Grayson Counties. You can reach us via our online form or call 214.692.8200 to arrange a confidential conference.