Cohabitation Agreements in Texas: What You Need to Know

The decision to live together with a partner outside of marriage is becoming increasingly popular in Texas. According to a study by the Pew Research Center, the number of unmarried couples living together has more than doubled since the 1990s. However, many people still do not realize that cohabitation comes with legal risks. If you are planning to live with your partner, it is important to understand your rights and obligations under Texas law. One way to protect yourself is by entering into a cohabitation agreement.

What is a Cohabitation Agreement?

A cohabitation agreement is a legal contract between unmarried partners who live together. It sets out the terms and conditions of their living arrangements, including their responsibilities and rights in case of a breakup or other unexpected events. A cohabitation agreement can address a wide range of issues, such as:

– Property ownership: Who owns what property that was acquired during the relationship? How will it be divided in case of a breakup?

– Financial support: Will one partner be financially responsible for the other in case of a breakup? How much support will be provided and for how long?

– Debt: Who is responsible for what debts that were incurred during the relationship?

– Healthcare: How will medical decisions be made in case of an emergency?

– Children: What will happen to any children the couple may have together or that were brought into the relationship? How will child custody and support be handled?

Why Should You Consider a Cohabitation Agreement?

There are several reasons why you should consider a cohabitation agreement if you are living with your partner in Texas:

1. Protects your assets: A cohabitation agreement can protect your assets from being divided unequally in case of a breakup. Without a cohabitation agreement, Texas law assumes that all property acquired during the relationship is owned equally by both partners.

2. Clarifies expectations: A cohabitation agreement can help prevent misunderstandings about your living arrangements. It can outline the responsibilities and obligations of each partner, which can help prevent disputes down the road.

3. Provides peace of mind: A cohabitation agreement can provide peace of mind for both partners. Knowing that you have a plan in place in case of a breakup or other unexpected event can help reduce stress and anxiety.

How to Create a Cohabitation Agreement in Texas

Creating a cohabitation agreement in Texas is a relatively straightforward process. Here are the steps:

1. Seek legal advice: It is important to seek legal advice from an experienced attorney before creating a cohabitation agreement. A lawyer can help you understand your legal rights and obligations and ensure that the agreement complies with Texas law.

2. Discuss the terms: You and your partner should discuss the terms of the agreement and come to an agreement on each issue.

3. Draft the agreement: Once you have agreed on the terms, your lawyer can draft the cohabitation agreement. The agreement should be in writing and signed by both partners.

4. Review and update the agreement: Over time, your circumstances may change, and you may need to update the cohabitation agreement. Review the agreement regularly with your lawyer to ensure that it still reflects your wishes.

In Conclusion

A cohabitation agreement can provide important legal protections for unmarried couples who live together in Texas. It can clarify the expectations and responsibilities of each partner, protect assets, and provide peace of mind. If you are considering living with your partner outside of marriage, speak to an experienced attorney about creating a cohabitation agreement that works for you.