As the cost of living together rises and relationship norms evolve, more couples are choosing to live together without getting married. But while cohabitation is increasingly common in Texas, it can create complicated legal questions – especially when relationships end or one partner passes away unexpectedly.
In Texas, married couples are offered legal protections under the Texas Family Code, especially when it comes to divorce, property division, and financial support. Unmarried couples who cohabitate, however, do not automatically receive these same protections. And that can lead to confusion and costly disputes – unless the couple has a legally binding agreement in place.
Let’s take a closer look at what cohabitation means in Texas and why a Cohabitation Agreement might be a smart move for you and your partner, especially if you want to avoid inadvertently establishing common law marriage.
What Does “Cohabitation” Mean in Texas?
Cohabitation refers to two people who live together in an intimate relationship without being legally married. Some may think that living together long enough automatically creates a “common law marriage” – but in Texas, it’s more nuanced than that.
To be considered a common law marriage in Texas, three specific conditions must be met:
- Both parties must agree to be married,
- They must live together as spouses in Texas, and
- They must represent to others that they are married.
If these elements are met, a common law marriage may be legally recognized, and ending the relationship would require a formal divorce. But if these elements are not present, the relationship isn’t considered a legal marriage, and neither party has a claim to community property protections or spousal rights.
That’s where a cohabitation agreement comes in.
Why a Cohabitation Agreement Matters
A Cohabitation Agreement in Texas is a written contract between two people who live together but are not married. It outlines each party’s rights and responsibilities while cohabitating and provides a clear roadmap for what happens if the relationship ends.
Here’s some of what a Cohabitation Agreement may include:
- Ownership of property acquired before or during the relationship
- Division of jointly purchased assets, like a home or vehicle
- Responsibility for household expenses
- Debt management and credit obligations
- What happens in the event of a breakup or one partner’s death
Without such an agreement, the Texas law offers no default rules for dividing property or settling debts for unmarried couples. In cases of dispute, outcomes are often determined through costly litigation – or left entirely unresolved.
Common Scenarios That Can Lead to Trouble
It’s a common misconception that “we get along great now” means things will be simple if the relationship ends. Unfortunately, many cohabitating couples find themselves in tense and uncertain situations when they separate, especially when:
- A shared home was purchased together, but only one name is on the title.
- One partner contributed financially to home improvements or bills without documentation.
- A vehicle, pet, or business was acquired during the relationship.
- One partner dies, and the surviving partner is left without inheritance rights or protections.
These scenarios can leave one or both partners in financially and emotionally vulnerable positions.
When to Create a Cohabitation Agreement
The best time to create a cohabitation agreement is before moving in together or making major joint purchases. However, agreements can still be created after cohabitation begins, so it’s never too late to protect yourself and discuss your situation with a Texas attorney.
Much like a prenuptial agreement for married couples, a cohabitation agreement allows both parties to make clear-eyed decisions while the relationship is strong and communication is open.
Protect Your Future With Clear Legal Guidance
At Capps Law Firm, we understand that every relationship is different – and so is every living arrangement. Whether you’re already living with your partner or thinking about moving in together, we can help you create a clear, enforceable Cohabitation Agreement in Texas that safeguards your rights and future.
Have questions about cohabitation, common law marriage, or property ownership? Contact our office at (512) 338-9800 to schedule a confidential consultation.
Written by Megan Whiteford, Paralegal at Capps Law Firm, PLLC
Notice
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.
