Living together without being married? A cohabitation agreement could protect your finances, your property, and your peace of mind. In this video, Board Certified Family Law Attorneys Christina Jimenez and Josh Floyd explain everything you need to know about cohabitation agreements in Texas, including:
✅ What a cohabitation agreement is and why couples choose one
✅ How it differs from marriage or common law marriage in Texas
✅ What you can include (property division, financial responsibilities, support, etc.)
✅ How these agreements protect both partners if the relationship ends
✅ Why it’s important to get legal advice before signing
Whether you’re moving in with your partner for the first time, blending households, or just want to plan responsibly for the future, this video will help you understand your rights and options.
Living together in Texas can feel casual and low risk. Yet under Texas law, cohabitation is not legally neutral. Without clear documentation, two people who intended only to share a home can later be found to have a common law marriage. That finding can trigger property division, spousal claims, and estate complications the income earner never expected.
What is a cohabitation agreement?
A cohabitation agreement is a written contract between two people who live together. It spells out financial responsibility, ownership of property, and how assets will be divided if the relationship ends. Christina Jimenez and Josh Floyd—board certified family law attorneys—describe it as a practical, business-like document that removes guesswork and protects both parties.
Common uses
- Divide ownership of a home, vehicles, or large purchases
- Set expectations for paying bills, rent, and shared expenses
- Document whether either party will pay spousal support in the future
- Clarify how joint accounts and debts will be handled
What a cohabitation agreement cannot do
- Decide child custody or child support issues
- Replace a will, power of attorney, or health care directive
- By itself, create a marriage where one did not exist
Why this matters in Texas: understanding common law marriage
Texas recognizes common law marriage when three elements are present:
- Cohabitation – living together as a couple
- Agreement to be married – either expressed or implied
- Holding out – representing the relationship publicly as a marriage
All three elements must be met, but none have a fixed time period. A relationship of only a few weeks can meet the test while a decades-long cohabitation might not. The court looks at behavior and representations: sharing a last name, using spouse on insurance or event invitations, filing joint returns, or listing someone as “husband” or “wife” on official paperwork can all contribute.
Living together is not legally neutral.
Real-world examples
- A party listed as “Mr. and Mrs.” on a community event invitation contributed to a court finding of marriage.
- An emergency contact entry that labeled a partner as “husband” helped establish a marriage in another case.
- Sponsors listed as a married couple at an event and hospital records were enough, together, to support a claim of marriage and trigger property division.
Risks of not having an agreement
Absent a cohabitation agreement, a breakup can turn into a divorce-style dispute. Risks include:
- Property division lawsuits where previously separate assets become community property subject to division
- Accidental community property claims based on when the court determines the marriage began
- Estate complications if a partner successfully proves marriage after someone dies with no will
- High litigation costs to defend against a divorce petition or to prove the relationship was not a marriage
How to protect yourself
Christina and Josh recommend multiple steps to reduce risk:
1. Get a clear cohabitation agreement drafted by an attorney
A properly drafted agreement is the most reliable protection. It should be written while both parties reside together, specify ownership and financial responsibilities, and clearly state that there is no intent to be married.
2. Keep finances separate when possible
Separate bank accounts, separate titles, and careful record keeping make it harder for someone to argue commingling of assets. This is helpful though not conclusive; legally married couples sometimes maintain separate accounts, so separation is only part of a broader strategy.
3. Avoid holding out as spouses
Do not list each other as spouse on insurance, event invitations, or official documents if there is no intent to be married. If an invitation or mistake arises, correct it formally—for example, with a written clarification or a certified return receipt—so there is a record disputing the representation.
4. Use estate planning documents
If a partner is meant to inherit or have authority in emergencies, rely on wills, powers of attorney, and health care directives. These documents provide control over post-death distribution and decision making without creating marital status.
5. Hire lawyers who know local courts
Family law is discretionary. Judges in different counties and even different judges in the same county can weigh facts differently. Local counsel who understand how judges have ruled on common law marriage issues can tailor agreements and estate plans accordingly.
Practical checklist before moving in or right now if already cohabitating
- Get a written cohabitation agreement signed while living together
- Document separate ownership of major assets and keep receipts
- Avoid representing each other publicly as married
- Update or create wills and powers of attorney if desired
- Consult a board certified family law attorney to draft and review documents
Final thoughts and a caution
Living together can be simple and fulfilling, but Texas law can transform cohabitation into a legal marriage based on conduct and representation. A cohabitation agreement is a practical, often affordable step that protects assets and reduces future litigation risk. If someone wants legal certainty, a written agreement and proper estate planning are the safest choices.