Now more than ever, unmarried couples living together is a common occurrence in Texas. The downside to this arrangement is that when the relationship falls apart, the protections that come with the divorce process are not present. To address potential issues following a breakup, many unmarried couples are turning to cohabitation agreements.

A cohabitation agreement is similar to a prenup, but it is designed for two unmarried people who cohabitate. It can set the terms regarding what happens with shared property and other potential disputes. 

About Common Law Marriage in Texas

Under Texas Family Code Section 2.401, a common law marriage is recognized if three conditions are met (1) the parties agree to be married, (2) cohabitation, (3) holding out, which means the couple must be socially married in that their friends and loved ones understand them to be husband and wife.

While common law marriage grants couples the same legal rights as a formal marriage when certain conditions are met, not all couples who live together intend to be married. For those who wish to protect their financial interests and establish clear boundaries without entering into a legal marriage, a cohabitation agreement is a valuable alternative. 

When You May Need a Cohabitation Agreement

It is recommended to have a cohabitation agreement in writing in the following situations:

• You share a pet or a child
• One or both partners have extensive debt
• You own most of the furniture or property in the house
• You have been together for years and share assets
• One or both partners have received an inheritance

About Texas Cohabitation Agreements

A cohabitation agreement is a written document that unmarried couples can use to set expectations for living together. These agreements also provide for what happens to specific property rights should the relationship ever come to an end.

These documents are helpful for identifying who owns a specific asset when two people move in together. Over time, it is common for couples to have their lives—and possessions—become intertwined. These agreements can spell out who owns what.

An agreement can also set out expectations regarding who will cover specific expenses. It might be used to determine what bills are covered by a specific partner or make a plan for one party to pay all the bills and then recoup half of those expenses from the other person.

It is also possible for two people to state their intention not to be married or become common law spouses unless they go through a formal wedding ceremony. This allows two people to live together in a relationship without the additional complication of a potential common law marriage.

Cohabitation Agreement Limitations

There are limitations. While the agreement can outline financial responsibilities related to the household, cohabitation agreements cannot determine issues related to child support or child custody. A cohabitation agreement also cannot give the same rights as marriage, such as inheritance rights unless otherwise addressed in a separate will or legal document. 

Are Cohabitation Agreements Enforceable in Court?

The enforceability of a cohabitation agreement depends on the language used and the issues it addresses. For instance, an agreement outlining responsibilities such as shared expenses, property ownership, or financial support in the event of separation may be enforceable in court. 

However, some agreements can be more challenging to uphold legally. For example if one party agrees to handle household chores in exchange for financial support the court may deem this arrangement unenforceable. The courts will review these agreements carefully and while many are upheld, certain provisions may be disregarded if they do not align with legal standards.

Reach Out to Discuss a Cohabitation Agreement With Our Firm

Moving in with a partner is an exciting experience, but it never hurts to consider the future. Drafting a cohabitation agreement is not planning for the relationship to fail. It simply ensures that both parties are on the same page before they move in.

If you believe a cohabitation agreement might be right for you, the Barton & Associates Attorneys at Law, PLLC team is here to help. Do not take the risk of drafting this document on your own. Contact us to discuss your legal options right away.