Even if you aren’t getting married, couples can still reach agreements about their relationship or joint property in Texas. When two people live together but are not married, a cohabitation agreement can define the parameters of their financial relationship. For example, a cohabitating couple could agree as to how their money will be held jointly and separately, as well as who pays which of the household bills.  If an unmarried couple plans to purchase a house together, a cohabitation agreement can address each party’s ownership interest, how the mortgage will be paid, and how to handle the house in the event the parties end their relationship.

A cohabitation agreement is often used in Texas for same-sex couples who cannot marry under Texas law. 

Cohabitation agreements are not held to the same standard under Texas law as marital agreements. Instead, cohabitation agreements are treated simply as a contract.  Enforcement of cohabitation agreements is handled the same as enforcement of any other contract.


For help in drafting your prenup, contact the Texas board certified attorneys at O’Neil & Attorneys.


What is a Prenup?           

Does getting a prenup mean that my fiancé doesn’t trust me?

But I’m not wealthy. Do I really need one?

How much will a prenup cost?

Can I skip the lawyer fees and D.I.Y. my prenup?

How to I tell my spouse-to-be that I want a prenup?

What are the requirements of a prenup?

What are common clauses in a prenup?

Can we change the prenup later?

What is the procedure for getting a prenup?

How long before the wedding should we start the process of getting a prenup?

Can one attorney represent both of us in drafting the premarital agreement?

What happens to a prenup when the spouses get a divorce?

We didn’t get a prenup before we got married. Is it too late to get one now?

Hat tip: 9 Questions You Want To Know But Are Too Afraid To Ask About Prenups