Cohabitation Agreements

So, what exactly should be included in a cohabitation agreement in Texas? Here’s a comprehensive breakdown.

A cohabitation agreement is a crucial legal document for unmarried couples living together, especially in Texas, where common-law marriage is recognized. This agreement helps outline the rights and responsibilities of both partners, preventing future disputes and protecting assets. Here’s what should be included in a cohabitation agreement in Texas

1. Intent Regarding Marriage
   In Texas, couples living together can be considered married under common-law marriage if they meet certain criteria. To avoid misunderstandings, your cohabitation agreement should clearly state whether or not you and your partner intend to be married. This helps prevent future disputes over your marital status and ensures clarity about your relationship’s legal standing.

2. Ownership of Property
   The agreement should define ownership of property, both acquired before and during the relationship. Specify which assets are individually owned and which are jointly held. For example, if one partner owns a home or car, the agreement should state that these remain their sole property. If you buy property together, the agreement should outline how it will be divided in the event of a breakup.

3. Division of Assets and Debts
   The agreement should address how shared assets and debts will be divided if the relationship ends. This includes joint savings, investments, and personal belongings, as well as shared debts like credit cards or mortgages. Clarifying how these will be handled can prevent disputes and ensure a fair division of both assets and liabilities.

4. Financial Responsibilities
   The cohabitation agreement should include provisions for handling living expenses, such as rent, utilities, and groceries. Specify whether expenses will be split equally or based on income. If one partner contributes more, the agreement should outline whether they’re entitled to a larger share of assets in case of separation.

5. Shared Residence
   If you live in a jointly owned or leased home, the agreement should specify what happens if the relationship ends. Will one partner stay in the home, or will it be sold and proceeds split? This ensures clarity and prevents conflicts over housing.

6. Death of a Partner
   The agreement should address what happens to joint property if one partner dies. Without marriage or a will, your partner may not automatically inherit your assets. Including provisions for this ensures that both partners are protected.

7. Conflict Resolution
   Finally, the agreement should include a method for resolving disputes, such as mediation or arbitration. This helps avoid costly legal battles by settling conflicts in a more collaborative manner.

A cohabitation agreement protects both partners and provides peace of mind. Working with an experienced cohabitation agreements lawyer in Texas can help ensure your agreement is legally sound and tailored to your specific needs.

Yes, when properly drafted and executed, cohabitation agreements are enforceable under Texas law. They can help protect against claims of common-law marriage and ensure that property is divided according to your wishes, not based on state law.

Yes, your cohabitation agreement can be modified by agreement if circumstances change, such as the purchase of new property or changes in financial responsibilities. Having an attorney assist with modifications ensures the new terms are enforceable and clear.