The structure of the American family is changing. More and more long-term romantic partners are living together without ever getting married (Pew Research Center). Couples in Dallas who live together without marrying may still want legal protections for their property, finances, and future plans. A cohabitation or partnership agreement can outline how assets are owned, how expenses are shared, and what happens if the relationship ends. Without such an agreement, Texas law may not provide clear guidance on property division or other financial obligations. Here, our Dallas family lawyer highlights the key things to know about cohabitation and partnership agreements in Texas.

What is a Cohabitation/Partnership Agreement?

Simply explained, a cohabitation or partnership agreement is a private contract between two people who choose to live together without marrying. Unlike a marriage license (which automatically triggers rights under Texas state law), a private agreement spells out each partner’s obligations and expectations. In Texas, it can cover property ownership, financial arrangements, and what happens if the relationship ends.

Why You Should Have an Agreement: For unmarried long-term couples in Dallas, a cohabitation agreement is important because Texas is a community property state. Without marriage, the rules of community property generally do not apply. In other words, a court may have no clear legal framework or legal authority to divide assets if you and your partner separate. A written agreement helps avoid disputes, provides clarity, and protects each person’s contributions to the relationship. 

Common Provisions of a Partnership Agreement in Texas

You may be wondering: What does a cohabitation agreement in Texas actually look like? The answer is “it depends.” The specific terms of these agreements can vary pretty widely based on the specific needs of each couple. Indeed, cohabitation and partnership agreements can be tailored to fit the unique needs of each couple. Here are some of the most common provisions: 

• Property Ownership: The agreement should clearly state who owns what. This includes real estate, vehicles, bank accounts, investments, and personal property. As an example, if one partner purchases a home in their name, the agreement can specify whether the other partner has any ownership rights. Clarity on ownership prevents disputes later.
• Division of Household Expenses: Many couples share rent, utilities, groceries, and other daily costs. A written agreement can outline who pays what percentage of each expense. Some couples choose to split evenly, while others base contributions on income. Once again, the clarity of an agreement can help define responsibilities and reduce the risk of problems. 
• Responsibility for Debt: Many couples have debt. One partner may have a lot of debt. Both partners may have debt. All combinations are common. Debt can create serious conflict if expectations are not clear. The agreement can specify which partner is responsible for existing debts and how new debts will be handled. For example, if a credit card is used for joint expenses, the agreement can state how repayment will be divided.
• Ownership of Joint Purchases: Couples often buy furniture, appliances, or even pets together. The agreement can establish how these joint purchases will be divided if the relationship ends. Without this clarity, courts may have difficulty deciding who keeps what. For example, imagine you and your unmarried partner go in a new car together. Who will own it if you split? That is something worth considering and addressing in an agreement. 
• Support in Case of Separation: While Texas does not recognize “palimony” in the same way some states do, partners can agree in advance to provide financial support if the relationship ends. Among other things, this may include temporary help with housing, moving costs, or other transition expenses. Clear terms reduce the chance of costly disputes.
• Estate Planning and Beneficiaries: A cohabitation agreement can work alongside estate planning documents. Partners can agree to name each other as beneficiaries on life insurance, retirement accounts, or wills. Among other things, this helps to ensure that a surviving partner is not unintentionally excluded. In Texas, where intestacy laws prioritize spouses and blood relatives, unmarried partners do not automatically inherit.
• Dispute Resolution: Even with a professionally drafted, comprehensive cohabitation agreement, conflicts can arise. Some agreements include a provision requiring mediation or arbitration before filing a lawsuit. Clear provisions for dispute resolution can save time, money, and emotional strain if disagreements arise. Having a clear resolution method can preserve goodwill even during a difficult separation.

You Cannot Use a Cohabitiation Agreement for Child Issues (Custody, Visitation, Support)

It is important to understand the limits of cohabitation and partnership agreements in Texas. While these contracts can cover financial and property matters, they cannot govern issues related to children. Custody, visitation, and child support are always determined by the family courts based on the best interests of the child. In other words, parents in Texas cannot use a private contract to override a court’s authority on parenting matters. For example, you cannot agree to waive child support or restrict visitation rights in a way that conflicts with Texas law. If you and your partner have children and you separate, the family court will decide custody and support.

Why Trust Our Texas Family Law Attorney

A cohabitation agreement can be important for unmarried couples in Texas. Your agreement should be drafted and reviewed by an attorney. At Balekian Hayes, we are a boutique family law firm that puts clients and families first. Our team has the experience that you can trust if you are part of an unmarried couple. To arrange a confidential and no-obligation initial consultation, please don’t hesitate to contact our Dallas cohabitation partnership agreement lawyer today. 

Contact Our Dallas Cohabitation Partnership Agreement Attorney Today

At Balekian Hayes, PLLC, our Dallas family law attorneys have the skills and experience to draft, negotiate, and review cohabitation partnership agreements. If you have any questions about protecting your rights without getting married, we can help. Call us now or contact us online for a fully confidential, no obligation consultation. With an office in Dallas, we offer family law services throughout North Texas.