Unmarried Couples Should Consider a Cohabitation Agreement

Ashley Green • April 4, 2025

Unmarried Couples Should Consider a Cohabitation Agreement 

A cohabitation agreement is a legal contract between two unmarried partners who live together. It establishes guidelines for property ownership, financial responsibilities, and what happens in the event of a breakup or one partner’s passing.

1. Protects Financial Interests
Without an agreement, assets acquired during the relationship may be subject to dispute if you separate. The agreement clarifies who owns what and how assets will be divided.

2. Defines Property Ownership
If you purchase a home together or share major financial investments, a cohabitation agreement can specify each partner’s ownership percentage and rights.

3. Outlines Financial Responsibilities
The agreement can define how expenses like rent, utilities, and household costs will be shared, helping to prevent conflicts.

4. Clarifies Debt Obligations
It can outline who is responsible for individual debts and whether any shared debts exist.

5. Provides Security in Case of a Breakup
Unlike married couples, cohabiting partners do not have automatic rights to spousal support or asset division upon separation. A cohabitation agreement can establish fair terms for handling a breakup.

6. Protects Inheritance Rights
If one partner passes away without a will, the surviving partner may not have legal rights to their assets. A cohabitation agreement, along with an estate plan, can ensure financial protection.

What Should a Cohabitation Agreement Include?
A strong cohabitation agreement typically covers:
  • Property ownership and division (including homes, cars, and investments)
  • Financial responsibilities (bills, rent/mortgage, and debts)
  • Support obligations (whether one partner will provide financial support post-breakup)
  • Dispute resolution (how disagreements will be handled)
  • Plans for major life events (such as buying property or having children)
Is a Cohabitation Agreement Legally Binding?
  • Yes, if properly drafted and signed by both partners, a cohabitation agreement is a legally enforceable contract. To ensure it is valid, both partners should:
    • Fully disclose financial assets and debts
    • Sign voluntarily, without pressure
    • Have the agreement reviewed by separate attorneys
Please contact us today to determine your options legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.
Attorney, Ashley Nicole Green is a  family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com
Schedule a Consultation Today!

Contact Us