More couples in Texas are choosing to live together without getting married. In fact, the U.S. Census Bureau reports that over 17 million unmarried partners share a home in the United States. While this can be a practical choice, it also comes with legal risks, especially when property, finances, and shared responsibilities are involved.
Many people wrongly assume that living together gives them the same legal rights as married couples. It does not.
This is why understanding your rights in a cohabitation agreement is so important. A well-drafted agreement protects both partners, clarifies expectations, and helps prevent legal disputes down the road. Let’s learn more about this.
What Is a Cohabitation Agreement?
A cohabitation agreement is a written contract between two people who live together but are not married. It sets clear terms for how you and your partner will handle finances, property, debts, and other shared responsibilities.
This agreement is legally binding if it’s signed by both parties and meets standard contract requirements in Texas.
Why You Need a Cohabitation Agreement in Texas
Texas does not automatically give unmarried couples the same legal rights as married spouses. That means if you break up, there is no built-in process to divide property or handle debts unless you have a cohabitation agreement.
Without one, you may have no legal claim to property you’ve shared or contributed to. Disputes over joint purchases, bills, or even pets can turn ugly and expensive in court.
A cohabitation agreement can prevent that.
7 Key Items to Include to Protect Your Rights
To protect your rights in a cohabitation agreement, you should include clear terms in these areas:
1. Property Ownership
Specify who owns what. This includes any property owned before the relationship and anything bought during it. Decide if future property will be shared or kept separate.
Example: If one partner buys a car or house, state clearly who owns it.
2. Household Expenses
Outline how you’ll split rent, mortgage payments, utilities, and groceries. You should also decide how to handle unexpected expenses or repairs.
Tip: Keep a written record of shared expenses so there’s no confusion later.
3. Bank Accounts and Finances
Will you open joint accounts or keep everything separate? If you choose to combine finances, define each person’s contribution and what happens if the relationship ends.
Note: Joint accounts may become a source of conflict if the breakup is not mutual.
4. Debt Responsibility
Clarify who is responsible for which debts. This protects you from being held accountable for your partner’s credit card debt, loans, or other financial obligations.
5. Pets
If you share a pet, decide who keeps it after a breakup. Courts in Texas treat pets as property, not family members. A written agreement can help avoid emotional disputes.
6. End of Relationship Terms
Set clear rules for how to divide shared property if the relationship ends. You can also decide if one partner will provide financial support after the breakup.
7. Dispute Resolution
Include how you’ll handle disagreement through mediation, arbitration, or court. This can save both of you time and money if issues arise.
Can You Change the Agreement Later?
Yes. You can revise the agreement if your circumstances change, such as buying a house, starting a business, or having a child. Both partners must agree in writing to any updates.
Do You Need a Lawyer?
Yes. A cohabitation agreement lawyer in Texas can help draft a clear and enforceable document. An attorney ensures the terms are fair, legal, and specific to your situation. Each partner should have a lawyer to avoid future claims of unfairness or coercion.
What Happens If There’s No Agreement?
If your relationship ends and you don’t have a cohabitation agreement, things can get complicated. You may lose assets you helped pay for or end up in a legal fight over property, money, or pets.
A handshake or verbal promise won’t protect you in court. Only a written, signed agreement can.
Protect Your Rights in a Cohabitation Agreement
If you’re living with a partner or planning to move in together, don’t leave your financial future to chance. The family law team at Daniel Ogbeide Law can help you create a strong, enforceable cohabitation agreement that protects both your rights in a cohabitation agreement and peace of mind.
Contact us today to schedule a consultation with an experienced cohabitation agreement lawyer in Montgomery County, Texas. Secure your future with confidence