What Is a Texas Non-Marital Cohabitation Agreement?

 Posted on March 26, 2025 in Family Law

As our society’s acceptance of couples living together has changed, 59 percent of adults between the ages of 18 and 44 have lived with an unmarried partner at some point in their lives. Marriage rates have correspondingly dropped, with only about 53 percent of adults over the age of 18 currently married, down from 58 percent 30 years ago. Overall, the share of Americans living with an unmarried partner has risen from 3 percent in 1995 to 7 percent.

Almost 70 percent of Americans find cohabitation acceptable, even if the couple has no plans to marry, with only 14 percent saying it is "never acceptable" for an unmarried couple to live together. As more and more couples choose to live together without a marriage license, a non-marital cohabitation agreement has become more important than ever.

This type of family law agreement protects the rights of each party, prevents legal disputes should the couple separate, and establishes financial expectations. In the state of Texas, a couple who wants to prevent a finding of common-law marriage that may create unintended obligations should consider a non-marital cohabitation agreement. If you believe a non-marital cohabitation agreement would be beneficial for your particular situation, A McKinney, TX family law attorney can help.  

Will a Non-Marital Cohabitation Agreement Work for Your Situation?

The non-marital cohabitation agreement is a legally binding contract between two individuals who live together but have no intention of marrying. Both parties are clear that they are not married, either through ceremony or by common law. The contract states that neither party is legally responsible for the financial obligations of the other and that while the two may choose to jointly incur an obligation, they cannot be required to in the event of a split.

The agreement makes it clear that there may or may not have been an attempt to disclose individual assets or property to one another and that such disclosure is not required. Each party will continue to individually own what they brought to the relationship, as well as anything they purchased during the relationship, and both parties will be free to manage or dispose of that property in any way they choose.

A cohabitation agreement ensures that neither party can make a claim against the other for a share of the expenses or for one another’s bills either during the relationship or if the relationship ends. A cohabitation agreement is particularly useful for a couple who has no desire to marry, yet when one party owns a home or other valuable assets prior to when the couple begins cohabiting. Inheritances or gifts to one spouse remain separate throughout the relationship, and the financial responsibilities of each spouse are clearly defined.

If one party in the relationship has significant debts or financial obligations, the other is protected from being held responsible for these obligations through a non-marital cohabitation agreement. A cohabitation agreement can even specify how shared expenses like utilities, groceries, or rent are handled. To be valid in the state of Texas, a non-marital cohabitation agreement requires the following:

• It must be in writing.
• It must be willingly signed by both parties.
•  It must be comprehensive in outlining all key aspects of the arrangement.
•  It must be reviewed by an attorney to ensure it is both tailored to the needs of both parties and is legally sound.  

Contact a Collin County, TX Family Law Attorney

Whether you are already living with a partner or planning to move in together with no expectation of marriage, you could benefit from a non-marital cohabitation agreement. Choosing a McKinney, TX family lawyer from The Ramage Law Group is the best step you can take to make sure your rights and your future are properly protected.

Our firm emphasizes collaborative law and client relationships. As an all-woman firm with multiple attorneys, we are highly focused on the best interests of the children involved in family law issues. Call 972-562-9890 to schedule an initial meeting with one of our attorneys.