Marital and Non-Marital Agreements

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Marital and Non-Marital Agreements

Marital Agreements

Parties can, by contract, alter their rights provided under the Texas community property laws. These contracts can occur before or during marriage.

Premarital contracts, as the name suggests, occur prior to the marriage of the parties. The agreement can contain provisions for both current and future property and its growth or earnings as well as other terms in the event of divorce or death.

Marital agreements occur during marriage to allocate the parties’ respective rights to the property in their estate or coming into the estate.

Our attorneys at Cothrun & Lucido have represented clients in planning and crafting both premarital and marital agreements designed to fit the needs of clients.

Cohabitation Agreements

Cohabitation Agreements do not have statutory authority in the State of Texas but are contractual agreements between unmarried couples who live together.

The Agreement can address many issues that arise when people live together including financial duties and obligations, separate property, living expenses, what happens to property upon death of a partner or at the end of the cohabitation

In Texas, these Agreements are used mostly to avoid a potential claim by a party of a common law or informal marriage at the end of the relationship, which would give rise to claims of community property and rights to a division of community property.

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