The term “agreement for nonmarital conjugal cohabitation” may sound like something out of a law school exam or maybe even a bad romance novel but it's an actual legal concept. And believe it or not, it has something to do with the Statute of Frauds, a centuries-old legal doctrine that still influences modern contract law in Texas.
Defining the Relationship
At its core, a nonmarital conjugal cohabitation agreement is a contract between two people who live together, share a household, and engage in a romantic or sexual relationship without getting married.
These agreements can cover property rights, shared finances, or future promises made between the parties. They are most often created to prevent disputes if the relationship ends and are especially useful in long-term cohabitation situations where no formal marriage exists.
The Statute of Frauds and Texas Law
The Texas Statute of Frauds, found in Texas Business & Commerce Code § 26.01, requires certain types of agreements to be in writing to be enforceable. This includes contracts for the sale of land, agreements that cannot be performed within a year, and promises made in consideration of marriage.
But what about two people living together in a romantic but nonmarital relationship? The Statute of Frauds requires that “an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation be in writing to be enforceable.” For example, if you're promising your live-in partner half your house in exchange for “companionship,” you’d better get that in writing.
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