Protecting Your Future: Navigating Common Law Marriage and Cohabitation Agreements in Texas
In Texas, the rights and legal protections for unmarried couples depend largely on whether the couple qualifies for a common law marriage or has established a cohabitation agreement. These two avenues can help provide clarity and security in relationships where the partners choose not to marry traditionally. Understanding these concepts is crucial for protecting your interests and planning for the future.
What are the Criteria for Common Law Marriage in Texas?
Common law marriage, also known as informal marriage, is recognized in Texas. It can grant couples the same legal rights and obligations as a traditional marriage. To establish a common law marriage in Texas, the couple must meet specific criteria outlined in state law.
The couple must:
- Agree to Be Married: Both partners must have a mutual understanding and agreement that they are married
- Live Together as a Married Couple: The couple must cohabitate in Texas as part of their relationship.
- Represent to Others That They Are Married: The couple must hold themselves out to friends, family, and the community as a married couple. Examples of this could be sharing a last name, filing joint tax returns, or identifying each other as spouses.
It is important to note that proving a common law marriage can be challenging, especially in the absence of clear evidence. If the relationship ends, one partner may need to file a court petition to have the common law marriage legally recognized to address issues such as property division or spousal support.
What Are Cohabitation Agreements Between Unmarried Texas Couples?
For couples who do not meet the criteria for a common law marriage or choose not to pursue it, a cohabitation agreement can provide a practical solution, though a couple should consult with a Texas family lawyer about their particular situation. A cohabitation agreement is a legally enforceable contract that details the rights and obligations of each partner both while in the relationship and in case of a breakup.
These cohabitation agreements can address:
- Property Ownership: Specify how property acquired before and during the relationship will be owned and divided.
- Financial Responsibilities: Define how expenses, debts, and income will be managed.
- Dispute Resolution: Establish procedures for resolving disagreements about property or finances.
- Other Terms: Include provisions for shared responsibilities, such as pet ownership or support obligations.
A well-drafted cohabitation agreement can help to prevent disputes and provide clarity for both partners, particularly when it comes to significant financial or property matters.
What Are the Key Differences Between Common Law Marriage and Cohabitation Agreements?
While both common law marriage and cohabitation agreements provide a framework for addressing relationship rights, they differ in key ways:
- Legal Recognition: Common law marriage provides the same legal rights as a traditional marriage, while a cohabitation agreement is a private contract between the partners.
- Scope: Common law marriage covers all aspects of the relationship under Texas law, whereas a cohabitation agreement focuses on specific terms agreed upon by the partners.
- Termination: A common law marriage requires a legal divorce to end the relationship formally, while a cohabitation agreement may include provisions for ending the contract.
Should an Unmarried Texas Couple Consult a Family Lawyer?
Whether you are considering establishing a common law marriage or creating a cohabitation agreement, seeking legal advice is essential. An experienced Texas family law attorney can help you:
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- Determine if your relationship qualifies as a common law marriage.
- Draft a comprehensive cohabitation agreement tailored to your needs.
- Understand your rights and obligations under Texas law.
Common law marriage and cohabitation agreements are valuable tools for unmarried couples in Texas to protect their rights and plan for their future. By understanding the differences and taking proactive steps, you can ensure that your relationship is built on a solid legal foundation.
Capps Family Law Firm Can Answer These Questions and More
If you would like to discuss your family law matter and/or any concerns that you may have about whether or not you meet the criteria for common law marriage in Texas or want to discuss a cohabitation agreement, contact our office or call our office at (512) 338-9800. Our experienced team is here to help you navigate these complex legal matters and provide the guidance you need.
Notice
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.
