If you are living with a roommate or a loved one but the two of you are not married, you might need to prepare a Domestic Partnership Agreement or Cohabitation Agreement.  These agreements address issues before they arise.

Who is responsible for paying the mortgage or rent? When the two of you make a major purchase, who has the legal ownership interest?  Did you both recently purchase a home and only one of you are on the deed?  What happens if the two of you separate?  A Domestic Partnership Agreement outlines these decisions while you are both cool headed instead of in the heat of an argument.  Additionally, a Domestic Partnership Agreement is an excellent complement to your estate plan.  Our firm will walk you through this important decision.

Another concern in Texas between members of the opposite sex living together is common law marriage.  In Texas there is no time period which the law might consider the two of you common law married partners.  If the two of you agree you are common law married, cohabitate together, and hold yourself out to be married, Texas law will consider the two of you married.   As a result, all the rules of marriage will apply to the two of you.  There are wide reaching consequences from being considered common law married.  From property acquired during the time you are considered being married being considered community property to the unfortunate event of either of your deaths, the law of marriage will apply.  In order to dissolve the marriage, the two of you will have to file for divorce.  A cohbitation agreement can address this possibility by spelling out the terms of your living arrangement.

Our firm can help you draft an agreement which meets your needs.  By taking the proactive steps of preparing a domestic parternership agreement or cohabitation agreement, you can ensure your legal rights are protected.