Rights of Unmarried Couples

Rights of Unmarried Couples

Partnership Agreements in Texas

For couples living together, it may be advisable to create and execute an agreement between the two partners to define ownership of property brought into the relationship as well as how to deal with many issues that arise during the relationship. The longer a couple lives together, the more important this may be, as time may blur the lines of ownership. For more information, see Domestic Partnership Agreements.

Some couples experience confusion or questions about whether an unmarried relationship can morph into a common law marriage. For more information, see Common Law Marriage.

Ending Relationships under Texas Family Law

When an unmarried couple ends their relationship, they may still experience difficulties regarding dividing up property acquired during the relationship, addressing payment of debts incurred by either partner, and deciding who is going to continue to reside in the primary residence of the relationship. For example, if a couple leases an apartment together in both names, both partners remain liable on the lease for the remaining term and both partners continue to be allowed to access the residence.

Careful negotiations will have to occur between the partners to avoid financial destruction for one or both. If a couple cannot reach an agreement regarding the disputed issues, then it may become necessary to file a suit to partition the property. Suits between unmarried partners over jointly held property are not filed in family court, but are handled as a civil matter just as between business partners.

Texas Family Law and “Palimony”

Sometimes unmarried partners have questions about “palimony.” Palimony is not a legal concept that exists anywhere in Texas law. Unmarried partners are not entitled to receive any support from the other partner at the end of the relationship, short of provisions in a contract like a Domestic Partnership Agreement.

Likewise, a partner to an unmarried relationship cannot be held liable for the debts incurred by the other partner during the relationship. Unless the debt is incurred under both partner’s names – for example, if the partners cosign on the debt – each partner will be responsible for the debts he or she incurred.