How to Record a Cohabitation Agreement in Texas
While marriages performed by a priest, rabbi or other figure are commonly viewed as the only "legal" marriages, in the state of Texas, there's another option. Common-law, or informal, marriages are viewed by the state as being equally valid marriages and are defined by the couple living together and considering the other person to be their husband or wife. Due to Texas's unusual legal definition of marriage, it may be wise for you and your partner to draw up a cohabitation agreement if you will be living together but not planning on marriage. Similar to prenuptial agreements, cohabitation agreements are used to define the relationship, the assets that both parties hold and how assets and mutual property will be divided (or not) if the relationship should end.
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Instructions
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Draw up a list of the assets you own separately and jointly with your partner, and have her do the same. Compare your lists and discuss how you would ideally like to see the joint assets divided.
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Look for sample cohabitation agreements or prenuptial agreements online or in legal resource books. Find a draft that fits your needs and fill in all necessary personal information. Add any extra clauses you feel are necessary; for example, you may wish to state that you and your partner will never enter into an informal marriage, and that should you be married, it will only be in the traditional way.
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Take your agreement to a lawyer or legal professional to make sure that the language and provisions in the contract are in accordance with Texas law.
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Sign and date the agreement, together with your partner, in the presence of witnesses. The witnesses should also sign the contract.
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Make at least two copies of the contract, one each for you and your partner, and keep the original in a safe place.
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Tips & Warnings
Look at several sample drafts before choosing your contract wording, as they may differ in their provisions and restrictions. Spend time talking with your partner about the contract and what you both want so that miscommunication is minimized and the final agreement will be beneficial for both parties.
State laws can change; always check with a legal professional before entering into a legal agreement.
References
- Photo Credit signing a contract image by William Berry from Fotolia.com
