Can a Cohabitation Agreement Protect Your Rights in Texas?

Couple consulting with an attorney about their rights in a cohabitation agreement, with the man shaking hands with the lawyer

 

In Texas, cohabitation among unmarried couples is increasingly common. However, without legal marriage, these couples may find themselves unprotected when disputes arise, particularly over finances, property ownership, or separation. Texas law does not automatically recognize property rights for unmarried partners, making cohabitation agreements an important legal tool for protecting individual interests.

Let’s take a closer look at how these agreements function.

Understanding the Purpose of a Cohabitation Agreement

A cohabitation agreement is a legally binding contract between two unmarried individuals who live together. It typically outlines the financial responsibilities of each party, how jointly acquired property will be handled, and the procedures to follow in case of a breakup.

Under Texas law, these agreements are enforceable as long as both parties voluntarily agree and the contract doesn’t violate public policy. Unlike marriage, there are no automatic protections in place for shared assets or debts unless these terms are spelled out in writing.

Who Should Consider a Cohabitation Agreement?

Any unmarried couple living together, especially those who share expenses, own property jointly, or have significant financial differences, should consider a cohabitation agreement. It can prevent future misunderstandings and reduce legal disputes, especially in the event of a separation or if one partner passes away.

Couples who do not qualify for marriage, or who choose not to marry, often rely on these agreements for structure. Without it, one partner could walk away with assets or financial contributions the other expected to be shared.

How It Differs from Common Law Marriage

Texas recognizes common law marriage under specific conditions. Couples who do not meet these requirements are not treated as married by law.

Working with a common law attorney or a firm experienced with cohabitation agreements helps clarify these distinctions and avoid future legal issues.

Attorney having a conversation with an unmarried couple regarding cohabitation agreements in Texas

 

Protecting Yourself Starts with a Conversation

Cohabitation agreements provide clarity and security for unmarried partners. Whether you’re protecting personal property or setting financial expectations, legal guidance makes a difference.

Daniel Ogbeide Law helps draft cohabitation agreements in Austin that are clear and enforceable. Their team also offers legal guidance in uncontested divorce cases, property division, and common law marriage issues. Contact them today to discuss your situation and protect your future with confidence.

 

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