Non-marital Co-habitation Agreements

Dallas Family Law Attorneys

Non-marital Co-habitation Agreements; Same-sex Marriage and Texas Family Law

Texas family law says very little about relationships between gay and lesbian couples.  Courts have well-defined procedures that determine outcomes in divorce for straight couples, but same-sex couples can run into difficulty in Texas.  Non-marital co-habitation between same-sex couples is an emerging area of law, as rights for gay and lesbian couples continue to be debated in state governments.

For example, Texas laws explicitly prohibit the recognition of gay marriages.  The Texas Defense of Marriage Act (2003) prohibits any political jurisdiction in the State of Texas from recognizing same-sex marriages, and the voter-approved Texas Marriage Amendment (2005) defines a marriage as a relationship between one man and one woman.

These laws make legal divorce more complicated for same-gender couples who married legally in other states.  This area of Texas law is evolving as court cases continue to address ramifications surrounding the issue. These circumstances can relegate breakups of same-sex partners to the realm of non-marital law, where legal issues can become more complicated.  See rights of unmarried couples for more information.

Co-habitation Agreements between Same-Sex Couples

Thus, it is important (and practical) for same-sex partners living in Texas, whether they are legally married in another state or not, to enter Non-Marital Co-habitation Agreements.  Doing so allows the couple to make pre-determined choices, rather than allowing ongoing debates about same-sex relationships to determine outcomes.  For example, the purchase of a home can be protected for both partners, in the event of a breakup, if previous contractual agreements about ownership have been made.  Couples can also establish parameters for paying bills or making other decisions together.

Cohabitation agreements should not be seen as a sign of mistrust between partners, but instead as an opportunity to promote agreement and balance.  If couples define procedures and relationships beforehand, the rights of each partner can be protected.

Please note, however, that Possession and Access and child custody for same-sex couples comes with its own set of issues that a co-habitation agreement cannot cover fully under Texas family law.  That is, an adult must qualify as a parent, under the legal definition of the term in the state of Texas, to preserve custody of (or access to) the child.  Visit the Same-Sex Child Custody page for details about child custody in same-sex relationships. Contact a Dallas family law attorney for more information.