As more couples choose to live together without getting married, the importance of a well-drafted Non-marital Cohabitation Agreement has never been greater. These agreements help protect each party’s rights, establish financial expectations, and prevent legal disputes in the event of a separation. For Texas couples, such an agreement can also be a crucial tool for preventing a finding of common law marriage (or marriage without formalities)—a legal status that can create unintended obligations.
What Is a Non-marital Cohabitation Agreement?
A Non-marital Cohabitation Agreement is a legally binding contract between two individuals who live together but do not intend to be married. This agreement clarifies financial responsibilities, property rights, and other key aspects of cohabitation.
Without such an agreement, disputes over shared assets, financial contributions, and potential claims of common law marriage can arise, leading to costly and stressful legal battles.
Why Is a Non-marital Cohabitation Agreement Important?
For couples who wish to remain unmarried, a cohabitation agreement provides several important protections:
1. Preventing the Finding of a Common Law Marriage
Texas recognizes common law marriage, which can result in legal obligations similar to those of a formally married couple. To establish a common law marriage in Texas, a couple must:
- Agree to be married
- Live together in Texas as spouses
- Hold themselves out to others as married
A Nonmarital Cohabitation Agreement explicitly states that both parties do not intend to be married. This can help prevent a claim that a common law marriage exists, thus avoiding unintended legal consequences such as property division or spousal support claims upon separation.
Of course, should the parties ever decide to get married, a well-drafted agreement will provide that they may do so, but just need to legally update the change in circumstances. The important aspect is that marriage cannot happen unintentionally.
2. Segregation of Each Party’s Property
A well-drafted agreement ensures that each party retains ownership of their separate assets. This is especially important when:
- One party owns a home or other valuable assets before cohabitation
- Significant financial contributions are made toward property owned by only one partner
- Inheritances or personal investments need to remain separate
Without an agreement, disputes may arise over whether certain assets are jointly owned.
3. Separation of Liabilities
Cohabiting partners often share expenses, but that does not mean they should be legally responsible for each other’s debts. A Non-marital Cohabitation Agreement can:
- Define each party’s financial responsibilities
- Specify how shared expenses, such as rent and utilities, are handled
- Protect one party from liability for the other’s debts or financial obligations
4. Addressing Children and Support Matters
If either party has children from a prior relationship, the agreement can clarify each person’s financial responsibilities and expectations, and, importantly, prevent unintended consequences from one party contributing toward the other party’s child’s wellbeing.
Creating a Legally Enforceable Agreement
To be valid, a Non-marital Cohabitation Agreement should be:
- In writing – Oral agreements are difficult, or impossible, to enforce.
- Signed by both parties – Both individuals should willingly enter the agreement.
- Comprehensive – The agreement should clearly outline all key aspects of the cohabitation arrangement, including financial and property matters.
- Reviewed by an attorney – A family law attorney can ensure the agreement is legally sound and tailored to the couple’s specific needs.
Protect Your Future—Consult with Our Family Law Attorneys
If you are already living with a partner or planning to move in together without getting married, a Non-marital Cohabitation Agreement can provide essential legal protections and peace of mind. At Coker, Robb & Cannon, Family Lawyers, we help clients draft strong agreements that safeguard their rights and prevent future disputes.
Contact us today to schedule a consultation and discuss how a Non-marital Cohabitation Agreement can benefit you.