Is a Cohabitation Agreement Right for Me?

 Posted on December 10, 2024 in Family Law

More and more couples are choosing to live together without getting married. While this arrangement can be ideal for many couples, it does not provide the same legal protections as marriage. A cohabitation agreement can help establish financial planning, property agreements, and other aspects so that both parties are protected. 

Understanding whether this type of agreement is right for you depends on your circumstances and future goals. An experienced Texas family law attorney can help you determine whether a cohabitation agreement aligns with your needs and ensure it complies with state law.

What Is a Cohabitation Agreement?

A cohabitation agreement is a legally binding contract between two unmarried people who live together. It outlines how financial and property matters will be handled during the relationship and if the couple separates. In Texas, cohabitation agreements are enforceable as long as they are in writing, signed by both parties, and meet general contract requirements. These agreements address issues like:

• How to divide property and assets acquired before or during the relationship

• Each partner’s financial responsibilities, including rent, mortgage payments, and household expenses

• Ownership of jointly purchased items like vehicles, furniture, and other valuable assets

• How to handle debts that were incurred during the relationship

• Support or financial assistance if the relationship ends

Who Benefits Most from a Cohabitation Agreement?

Cohabitation agreements are practical for many unmarried couples, especially those in the following situations:

• Significant Assets or Debts: If you or your partner have significant assets, debts, or business interests, a cohabitation agreement provides financial transparency and legal security if the relationship ends.

• Parents or Stepparents: Couples with children from prior relationships can use a cohabitation agreement to clarify financial responsibilities and prevent property division disputes that may affect the children's financial stability.

• Long-Term Relationship Planning: For couples who plan to stay together long-term, a cohabitation agreement provides clear documentation about handling property, finances, and support. 

What Happens Without a Cohabitation Agreement?

Texas does not provide unmarried couples with the same legal protections as married couples. If you do not have a cohabitation agreement, you may face challenges if your relationship ends, including:

• Property division disputes, as state courts will not automatically recognize common law marriage without it meeting specific criteria

• Difficulty with establishing your rights to shared assets due to a lack of documentation

• Minimal financial support in compensation for the contributions you made to the relationship

How Do You Create a Cohabitation Agreement in Texas?

To create a legally enforceable cohabitation agreement, it is essential to work with an attorney who understands Texas property laws and contract requirements. The process typically involves:

• Identifying Assets and Debts: Listing all property, income, and financial obligations, and whether they are jointly owned by the couple or individually owned by one person

• Negotiating Terms: Discussing how to handle financial and property matters

• Drafting the Agreement: Verifying that all terms are clearly written and meet legal standards

• Signing the Agreement: Both parties must sign the agreement, ideally with notarization for additional security

Contact a Collin County, TX Cohabitation Agreement Attorney

If you are considering a cohabitation agreement, a Frisco, TX family law attorney at The Law Office of Linda Risinger can help. We will guide you as you draft a relationship agreement that meets your needs and ensures that your rights are protected. Contact us today at 972-294-6533 to schedule a free consultation.