What is a Cohabitation Agreement?

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Cohabitation Agreements in Texas

A cohabitation agreement is a contract between unmarried partners who live together. It can be for a couple who have decided that they want to live together without getting married, and have decided they aren’t going to get married.  A cohabitation agreement can also be for roommates. Who is a cohabitation agreement not for? It is not for those people who think of and described themselves as a married couple but don’t want to have a formal wedding or marriage license.

A cohabitation agreement can outline the rights, obligations, and responsibilities of each person regarding financial matters, property ownership, and other important aspects of their relationship. In Texas, these agreements must be in writing, signed by the person obligated by the agreement, and made in consideration of living together without marriage. The Texas Family Code has defined this as nonmarital conjugal cohabitation. A cohabitation agreement can help protect both people and prevent future disputes in the event of separation.

Amie Peace

Over 20 Years of Legal Experience

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Why is a Cohabitation Agreement Important?

A cohabitation agreement can make clear the intentions of the couple living together and help avoid legal battles later over whether or not they are married because of  questions similar to whether or not there was a common law marriage.  An agreement when a couple lives together can also clarify whether or not they intend to be married, their understandings and expectations as well as  other common-law or informal marriage issues. Unlike married couples, cohabiting couples in Texas do not automatically have legal rights to each other’s assets, income, or obligations to each other during or after a breakup.

A cohabitation agreement for a couple can:

  • Clarify financial responsibilities during the relationship.
  • Define property ownership and division if the relationship ends.
  • Establish obligations for expenses, debts, and shared assets.
  • Protect individual assets acquired before or during the relationship.
  • Outline arrangements for financial support, if agreed upon, during and after the time living together.

A cohabitation agreement for a roommate situation can:

  • Clarify financial responsibilities for costs and expenses while living together.
  • Define property ownership and division if anythings are purchased together.
  • Establish obligations for expenses, debts, and shared assets, like streaming services.
  • Protect individual assets acquired before by listing the property each brings to the shared living space.

What Can a Cohabitation Agreement Include?

A well-drafted cohabitation agreement can address various aspects of the couple or romantic relationship, such as:

  • Property Ownership – Determining how assets acquired before and during the relationship will be owned and divided including ongoing and future business interests. Another consideration is whether each will keep their separate accounts, will there be a shared bank account, and if so, what the plans are regarding accounts with financial institutions now and in the future.
  • Financial Responsibilities – Allocating current, shared expenses such as rent, mortgage payments, utilities, and other household costs as well as determining current debts and liabilities.
  • Debt Liability – Establishing who is responsible for specific debts while they are living together, including credit cards, loans, or shared expenses such as purchases, vacations, and other day-to-day expenses.
  • Dispute Resolution – Outlining the process for resolving conflicts related to the agreement should they arise in the future including mediation or other alternative dispute resolution options.

Enforceability of Cohabitation Agreements in Texas

For a cohabitation agreement to be enforceable in Texas, it must meet the following requirements:

  • Written and Signed – The cohabitation agreement must be in writing. Verbal agreements or promises regarding cohabitation matters are not enforceable; the agreement must be in writing and signed by both parties in consideration of living together as a couple without marriage.
  • Voluntary – It must be a voluntary agreement. Both parties must enter into the agreement willingly and without coercion.
  • Clear Terms – Ambiguities in the agreement could lead to disputes or challenges in court.

How a Texas Family Law Attorney Can Help

A cohabitation agreement is an essential tool for unmarried couples who are living together who want to define their financial and legal rights, obligations and expectations. It can also be a helpful tool for people sharing living space in a roommate or housemate situation. Consulting an experienced Texas family law attorney ensures that your agreement is properly drafted, legally sound, and tailored to your specific needs. An attorney can help:

  • Identify key issues that should be addressed in the agreement.
  • Draft a comprehensive agreement.
  • Review an existing agreement for fairness and legal validity.
  • Assist with modifications if circumstances change.

Questions About Cohabitation Agreements?

If you are living with someone in a shared living space, or living with someone whom you have a relationship as an unmarried couple or are planning to move in with someone you’re in a relationship with, a cohabitation agreement can provide clarity and security. Contact local Flower Mound family law attorneys, Peace & Associates, today to discuss your plans, questions, and issues to protect your future. Our experienced family law attorneys are available to discuss cohabitation agreements and serve all of Denton County including Denton, Sanger, Corinth, Bartonville, Little Elm, Lake Dallas, Hickory Creek, Krum, Ponder, and Argyle.

Amie S. Peace
Rated by Super Lawyers


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Amie S. Peace
Rated by Super Lawyers


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Amie Peace

Founder of Peace & Associates, PLLC

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