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Texas Divorce: What Are My Rights as a Partner?


Understanding Domestic Partnerships in Texas


📌 What Constitutes a Domestic Partnership?
In Texas, domestic partnerships are not explicitly recognized as they are in some other states. However, unmarried couples may establish rights through a cohabitation agreement or, in certain cases, through common-law marriage. Texas allows common-law marriage if the couple meets the following requirements:
✔ Agree to be married
✔ Live together in Texas
✔ Present themselves as a married couple to others

Without formal recognition, protecting your rights as a domestic partner requires proactive legal measures.

Key Legal Rights and Claims for Domestic Partners


⚖️ Property Rights and Asset Division
Unlike legally married spouses, domestic partners do not automatically have rights to shared assets. Therefore:
✔ Create a cohabitation agreement outlining financial responsibilities and asset division in case of separation.
✔ Keep records of significant joint purchases.

📑 Inheritance Rights
Texas law does not provide automatic inheritance rights to domestic partners. To secure your partner’s financial future:
✔ Draft a valid will naming your partner as a beneficiary.
✔ Consider a living trust to avoid probate.

🏡 Real Estate and Co-Ownership
If purchasing property together, ensure:
✔ Both names appear on the title.
✔ A cohabitation property agreement specifies ownership percentages.

Compensations Available for Domestic Partners


💰 Palimony (Financial Support After Separation)
Texas does not formally recognize palimony (financial support for unmarried partners after separation). However, domestic partners may still seek compensation through:
✔ A written cohabitation agreement specifying financial support terms.
✔ Claims based on unjust enrichment or contractual obligations.

⚠ Personal Injury Claims
If your partner is injured due to negligence:
✔ A domestic partner may not have standing for a wrongful death or personal injury claim unless legally designated as a beneficiary.
✔ Having medical power of attorney ensures decision-making rights in case of medical emergencies.

Legal Strategies for Protecting Your Rights


✍ Create an Ironclad Cohabitation Agreement
To secure financial interests, both partners should draft an agreement covering:
✔ Property ownership and asset division.
✔ Financial obligations and responsibilities.

📜 Draft Essential Legal Documents
Protecting your rights requires legal documentation, including:
✔ A legally binding will to ensure inheritance rights.
✔ A durable power of attorney for financial decisions if one partner becomes incapacitated.

👨‍⚖️ Consult an Experienced Family Lawyer
Since Texas does not recognize domestic partnerships in the same way as marriage, a family lawyer can help:
✔ Draft comprehensive legal agreements.
✔ Assist with estate planning for unmarried couples.

Child Custody and Support Considerations


👶 Parental Rights for Domestic Partners
In cases involving children, Texas law prioritizes the biological or adoptive parent unless legal steps are taken. If both partners raise a child together:
✔ The non-biological parent should pursue second-parent adoption if possible.
✔ A parenting agreement outlining custody arrangements should be drafted.

💵 Child Support Obligations
Regardless of marital status, both parents have financial responsibilities toward their children. Courts may order child support based on:
✔ Income and earning capacity of each parent.
✔ The child’s best interests and well-being.

Healthcare and Insurance Benefits


🏥 Access to Healthcare Decisions and Insurance Coverage
Unmarried couples may face restrictions in medical decision-making without proper legal documents. To protect your partner’s rights:
✔ Obtain a medical power of attorney granting healthcare decision-making authority.
✔ Check employer policies on domestic partnership health benefits – some companies extend health insurance coverage to domestic partners.

Tax Implications for Domestic Partners in Texas


📊 Filing Taxes Separately vs. Jointly
Unlike married couples, domestic partners must file taxes separately since Texas does not recognize common-law marriage for tax benefits unless a formal declaration exists. Strategies include:
✔ Exploring potential deductions available to unmarried couples.
✔ Keeping accurate records of joint expenses to maximize tax benefits.

Legal Protections in Case of Domestic Violence


🚨 Seeking Protection Orders
Texas law protects individuals from domestic violence regardless of marital status. Victims may seek a:
✔ Protective order restraining the abuser from contact.
✔ Restraining order preventing further harm.

If you are in immediate danger, contact local law enforcement or seek legal assistance.

Final Thoughts on Legal Protection for Domestic Partners


To safeguard your rights as a domestic partner in Texas, proactive planning is crucial. Key steps include:
✔ Drafting legal agreements like wills, cohabitation agreements, and powers of attorney.
✔ Consulting with a family law attorney to understand legal options and protections available under Texas law.
By taking these measures, you can ensure that both you and your partner’s financial and legal interests are well-protected.
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