Building a Secure Future Together: Expert Texas Cohabitation Agreements

For an increasing number of couples in San Antonio and across Texas, cohabitation represents a meaningful commitment and a practical step forward in a relationship
. While this choice offers flexibility, it also creates a significant legal gap. Unlike married spouses, unmarried cohabiting partners have no automatic rights to property division, financial support, or asset protection under Texas law. At Barton & Associates, Attorneys at Law, we help couples bridge this gap with purpose-built cohabitation agreements. Our approach transforms uncertainty into clarity, allowing you to build your life together on a foundation of mutual understanding and legal security.

Understanding the Texas Legal Landscape for Unmarried Couples

A critical first step is understanding what cohabitation does—and does not—mean under Texas law.

The Absence of Automatic Protections

Texas is a community property state, but these rules apply only to legally married couples. For unmarried partners, there is no default framework for dividing assets acquired together or determining financial responsibilities if the relationship ends. This legal vacuum can lead to costly disputes and unfair outcomes, particularly when shared investments like homes or businesses are involved.

The Risk of Unintended Common Law Marriage

A unique consideration in Texas is common law marriage, legally known as an “informal marriage.” Contrary to popular myth, it is not created by time alone. According to the Texas Family Code, it is established if a couple 1) agrees to be married, 2) lives together in Texas as spouses, and 3) represents themselves to others as married. Actions like filing joint taxes or introducing each other as “husband” or “wife” can serve as evidence. If a court finds a common law marriage existed, the couple must obtain a formal divorce to dissolve it and divide what is then considered community property. A well-drafted cohabitation agreement is the most effective tool to proactively state that you do not intend to create a common law marriage, protecting both parties from this unintended legal consequence.

What is a Cohabitation Agreement?

A cohabitation agreement is a legally binding contract between two unmarried individuals who live together or plan to do so. Think of it as a customized set of rules for your partnership. Much like a prenuptial agreement, it allows you to define financial and property rights in writing, but it is specifically designed for a non-marital relationship. Its primary purpose is to provide a clear, agreed-upon roadmap for managing your shared life and for navigating a potential separation fairly and efficiently, should that ever occur.

Key Benefits of a Cohabitation Agreement

Creating this agreement is an act of care and responsibility, offering profound benefits for both partners:

• Clarity and Conflict Prevention: It explicitly outlines financial duties (rent, utilities, groceries) and ownership, preventing daily misunderstandings and reducing a major source of relationship stress.
• Asset and Debt Protection: It safeguards the property each partner brings into the relationship and clearly defines ownership of assets acquired together. It also prevents one partner from being held responsible for the other’s pre-existing or individually incurred debts.
• A Framework for Separation: By agreeing on terms for dividing shared property and responsibilities while the relationship is strong, you avoid emotionally charged and costly legal battles during a breakup.
• Preservation of Family Legacy: For individuals with children from prior relationships or specific inheritance goals, an agreement ensures that assets remain protected for their intended beneficiaries.
• Peace of Mind: Ultimately, it provides security, allowing you to focus on building your relationship without underlying financial or legal uncertainties.

What Your Cohabitation Agreement Can Address

A comprehensive agreement is tailored to your unique life, but core components typically include:

• Property and Assets: Distinguishes between separate property (owned before the relationship or received via gift/inheritance) and how jointly acquired assets (real estate, vehicles, furniture) will be owned and divided.
• Financial Responsibilities: Details the division of ongoing living expenses such as mortgage/rent, utilities, insurance, and household supplies.
• Debt Management: Specifies responsibility for existing individual debts and establishes guidelines for any new debts taken on during the cohabitation.
• Dispute Resolution: Includes provisions for resolving future disagreements, often through mediation or arbitration, to avoid expensive court litigation.
• End-of-Relationship Terms: Outlines practical steps for separation, including how property will be divided, who remains in a shared home, and timelines for moving out.
• Clarity on Intent: A crucial clause can explicitly state that the couple does not intend to create a common law marriage, providing strong evidence against such a claim later.

Important Limitations to Understand

While powerful, cohabitation agreements have legal boundaries. They cannot determine issues of child custody or child support, as Texas courts make these decisions based solely on the child’s best interests. They also cannot grant the full spectrum of rights that come with legal marriage, such as automatic inheritance rights or the ability to make certain medical decisions for a partner—matters that require separate estate planning documents like wills and medical powers of attorney.

Who Needs a Cohabitation Agreement?

This tool is not just for the wealthy. Any unmarried couple sharing a life can benefit, especially if:

• One partner has significantly more assets or debt than the other.
• You own a home together or plan to purchase one.
• You are blending families or have children from previous relationships.
• One partner is financially supporting the other or sacrificing career advancement.
• You have shared pets, a business, or other intertwined assets.
• You wish to avoid any potential for a common law marriage claim.

The Barton & Associates Approach: Your Path to a Secure Agreement

Drafting an enforceable cohabitation agreement requires careful legal craftsmanship. At Barton & Associates, we guide you through a structured and supportive process.

1. Confidential Consultation and Education

We begin by listening. In a private consultation, we learn about your relationship, assets, and goals. We explain Texas law in clear terms and help you and your partner understand the value and scope of an agreement, setting the stage for a productive, collaborative process.

2. Facilitating Open Communication

We help structure the essential conversations between you and your partner about finances, property, and expectations. Our role is to ensure these discussions are comprehensive, fair, and focused on creating a mutually beneficial plan for your shared future.

3. Meticulous Drafting and Customization

Using the information from your discussions, we draft a customized agreement that precisely reflects your intentions. We ensure the document is thorough, addresses Texas-specific issues like common law marriage, and is structured to meet the legal requirements for enforceability.

4. Ensuring Enforceability: The Legal Fundamentals

For a cohabitation agreement to be upheld in court, it must be:

• In Writing and Signed: Verbal promises are not enforceable.
• Entered Voluntarily: Both parties must sign without coercion or duress.
• Fair and Transparent: Both parties should make full disclosure of their assets, debts, and income. We recommend each partner has independent legal counsel to review the final agreement, ensuring fairness and strengthening its enforceability.

5. Final Review and Execution

We review the final draft with you in detail, answer all questions, and oversee the proper signing and notarization of the document. We then provide you with executed copies for your secure records.

Your Next Step Toward a Protected Partnership

Choosing to create a cohabitation agreement is a proactive step that strengthens your relationship by replacing uncertainty with confidence. It is a practical acknowledgment that while you are building a life together based on trust, your financial and legal interests also deserve clear, respectful protection.

Contact Barton & Associates today to schedule a confidential consultation. Let our experienced San Antonio family law attorneys help you and your partner create a cohabitation agreement that provides the clarity, security, and peace of mind you deserve. Call our office at 210-500-0000 to begin building a solid foundation for your shared future.

Main Category: Family Law
Practice Area Category: Divorce & Separation
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000