Cohabitation agreements (also known as nonmarital agreements) are similar to prenuptial agreements for couples who are planning to marry—but cohabitation agreements are for people who are living together and having a sexual relationship without being married. These agreements address issues that may arise during the relationship (payment of rent and other expenses, household chores)—and issues that may arise if the cohabitation relationship ends (ownership and division of home or other property, support).
In Texas, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements are designed for couples who live together without being married and want to outline the financial and property arrangements during and after their cohabitation. Texas law does not provide specific statutes governing cohabitation agreements, but such agreements are generally subject to the same principles that govern contracts. This means that for a cohabitation agreement to be enforceable, it must be entered into voluntarily by both parties, with full disclosure and without duress or undue influence. The agreement should be in writing and signed by both parties. It can cover various issues such as the division of property, payment of expenses, and support obligations if the relationship ends. However, it's important to note that Texas does not recognize common-law marriage unless certain specific conditions are met, and a cohabitation agreement alone does not create a common-law marriage.
