Serving Clients Across Texas

What if we aren't getting married - can we still agree on stuff?

Even if you aren’t getting married, couples can still reach agreements about their relationship or joint property in Texas. When two people live together but are not married, a cohabitation agreement can define the parameters of their financial relationship. For example, a cohabitating couple could agree as to how their money will be held jointly and separately, as well as who pays which of the household bills. If an unmarried couple plans to purchase a house together, a cohabitation agreement can address each party’s ownership interest, how the mortgage will be paid, and how to handle the house in the event the parties end their relationship.

A cohabitation agreement is often used in Texas for same-sex couples who cannot marry under Texas law.

Cohabitation agreements are not held to the same standard under Texas law as marital agreements. Instead, cohabitation agreements are treated simply as a contract. Enforcement of cohabitation agreements is handled the same as enforcement of any other contract.

For help in drafting your prenup, contact the Texas board certified attorneys at O’Neil & Attorneys.