Cohabitation Agreement

Cohabitation Agreement

Cohabitation is defined as two people living together as if they are married.

In Texas, when a man and women agree to be married, live together as husband and wife and represent to others they are married, they are common law married. In situations where a couple lives together, problems and confusion can arise whether or not a couple intends to be married. Third parties might assume a couple is married or sometimes one partner may consider the relationship as a common law marriage. When situations like these happen, a cohabitation agreement can be helpful.

A cohabitation agreement is a legal agreement reached between a couple that has chosen to live together. This agreement can specify how the following things are to be distributed in the event the relationship ends:

  • Property, 
  • Assets,
  • Income,
  • Debt,
  • Etc. 

A couple is able to include spousal support stipulations and life insurance policy information in the agreement. Also, if a couple decides to get married, the information in their cohabitation agreement can be included in their premarital agreement.

Additionally, a couple should consider implementing estate planning documents such as, a power of attorney and a HIPAA authorization to ensure that their significant other will be able to make medical and financial decisions in the event something happens to them.

We hope you found this information helpful! Call our office to schedule a free consultation with one of our family law attorneys.


Gary Ashmore
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Probate, Estate Planning, and Family Law Attorney in Dallas, Texas