Cohabitation Agreements

A cohabitation agreement can address a wide range of topics, such as how property is owned, how assets, debts, and financial obligations are to be divided, and support arrangements and plans for shared children or pets. Additionally, they can specify methods conflict resolution that the couple has agreed to, such as through mediation or arbitration.

All couples can benefit from a cohabitation agreement and working with a skilled family law lawyer helps to ensure the process of creating a cohabitation agreement accounts for the things that are of the greatest concern to the individual couple. A cohabitation agreement in Texas can help define the relationship, preemptively address possible issues, and provide peace of mind to both parties. The longer you live together, the more likely you both are to accumulate intermingled funds, community property, and shared debt that can be difficult to separate at the end of the relationship. A cohabitation contract can help streamline the division of assets in this scenario.

Working with a cohabitation agreement lawyer is also advisable for unwed parents living together. If you have children together or have children from prior relationships, other important issues may need to be discussed as part of a non-marital cohabitation agreement in Texas. In some instances, one partner may find that they have to defend against an allegation of common-law marriage, which is recognized in Texas and is the same as if you had married in a formal marriage ceremony. Speaking with a skilled cohabitation agreement attorney can help you avoid this situation. At a minimum, a cohabitation agreement can help couples avoid expensive and extensive legal consequences if one partner tries to assert that the parties are actually married and not just living together. Couples who expect a long-term unmarried relationship or who are in a long-term relationship tend to get a cohabitation agreement in Texas with the help of a cohabitation agreements attorney for these reasons.

In Texas, a cohabitation agreement is important because unmarried couples lack the legal safeguards available to married couples. Without a cohabitation agreement, there’s nothing to outline how shared property, assets, and financial responsibilities should be handled in the event a cohabitating couple decides to end their partnership, which can result in disputes and challenges. It’s nice to think that a cohabitating relationship will end amicably but, especially for long-term couples, that’s not a safe assumption to make. In the heat of an emotionally charged moment, a cohabitation agreement acts as a neutral touchstone that – in less tumultuous times – you and your partner agreed to and provides a foundation for decision-making.

Yes, cohabitation agreements are legally enforceable in Texas, provided they meet certain criteria: both parties must voluntarily enter into the agreement, it should be in writing and signed by both parties, and there must be full disclosure of each party’s financial situation to ensure fairness. Having the agreement notarized can further strengthen its enforceability.