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Non-Marital Cohabitation Agreements

Many couples choose to live together without the intention of ever getting married. These couples may opt to enter into a non-marital cohabitation agreement in order to add a sense of security to their relationship without having to enter into a legally binding marriage.

Non-marital cohabitation agreements are very similar to pre-marital agreements, only impending marriage is not part of the contract. To learn more about non-marital cohabitation agreements, contact the Denton divorce attorneys of Alexander & Associates at 972-420-6560 today.

The Rules Governing Non-Marital Cohabitation Agreements

Prior to 1976, there was no court case that directly addressed the validity of non-marital cohabitation agreements. It was a California Supreme Court case involving a well-known actor and his live-in partner that set most state standards on these agreements. The four contract principles regarding non-married couple cohabitating are:

  • Unmarried couples have a right to make written contracts
  • Unmarried couples may make oral contracts
  • The court may examine the actions of a couple to decide if an “implied contract” exists in lieu of an oral or written one
  • If no evidence of a contract exists, the judge may presume that “the parties intend to deal fairly with each other” in the case of a lawsuit alleging that one partner is indebted to another.

Non-marital cohabitation agreements can help to smooth over a number of issues that may come up in the event of a break-up, including shared assets and custody.

Contact Us

To find out more about non-marital cohabitation agreements, contact the Denton divorce attorneys of Alexander & Associates at 972-420-6560 today.


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