A “cohabitation agreement” is an document and/or contract between you and your fiancé, your life partner, or spouse. A cohabitation agreement can be a prenuptial agreement, a cohabitation agreement, or a post-nuptial agreement.
Are Cohabitation Agreements Right for Everybody?
Anyone with a business, house, real estate, investments, or potential inheritance who is living with a romantic partner, earning income or making investments during the relationship. Texas is considered a community property state, therefore when you start living with someone, you may be subjecting yourself to a presumed marriage or responsibilities imposed on you by the court. A cohabitation agreement can establish separate property determined by both parties to protect or separate property in the future.
Can You Enforce a Cohabitation Agreement?
It depends. Although cohabitation agreements are genuinely frowned upon in Texas, some can be enforced if written correctly. Depending on the types of assets and issues involved, a prenuptial agreement may need to pass several tests to be upheld in court. Generally, these tests will determine if the prenuptial agreement was fair and if both parties understood the terms when it was executed and affirmed.
Does Getting a Prenuptial Agreement Increase the Chance for Divorce?
No, we believe that a well drafted prenup agreement prepared by skilled lawyers can actually divorce-proof your marriage. Why? Because the process brings to the surface any unexpressed expectations about marriage before a couple actually says “I Do.” Nevertheless, divorce can present itself in any marriage and a prenuptial agreement helps simplify the process in regards to assets during a divorce.
How Do I Discuss a Prenuptial Agreement with My Fiancé or Significant Other?
We recommend having a frank and clear discussion. It is important to your future marriage that you discuss communication on finances, assets, debt, business ownership, and investments with your potential spouse. We believe details subjects on this level should improve your communication and allow you to further commit to one another.
Contact Our DFW Family Lawyers & Discuss a DFW Cohabitation Agreement
If you have further questions or want to arrange a confidential consultation, please Contact Us today. We can meet with you and help you achieve the solutions you need.