For a variety of reasons, many couples in romantic relationships choose not to or are legally unable to marry. Unmarried couples are not candidates for premarital or post-marital agreements under the Texas Family Code. However, they may enter cohabitation agreements and domestic-partnership agreements to define the rules of their relationships and to provide legal remedies in the event the relationship ends or one of the parties dies. Family lawyers must know how best to guide their clients who choose or are unable to marry in utilizing such agreements, especially when it comes to protecting property.
This topic is relevant for lawyers who represent same-sex couples, who legally cannot marry in Texas. Additionally, Texas does not recognize same-sex marriages that took place in states where same-sex marriage is legal. That issue is before the 5th Court of Appeals in Dallas, and it appears likely that controversy surrounding same-sex marriage will continue for a significant time. Here are issues attorneys should consider when advising clients regarding cohabitation agreements and domestic-partnership agreements.
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