Houston Family Law:Same Sex Partnership Agreements In Texas

Submitted by: Andrewsmith Sy

Same sex partnership agreements are not recognized as such within the state of Texas. Texas neither recognizes nor allows same sex marriage within its jurisdiction. The state also does not provide for same sex civil unions. The U.S. Constitution does provide for same sex marriages in states that approve same, therefore, the state of Texas is bound to recognize same sex couples who have married in same sex marriage states. The option for same sex couples in Texas is to enter into a domestic partnership agreement that is enforceable under contract law statues. These agreements center on the parameters for cohabitation, not on the sexual preference of the partners. Houston family law attorneys are best equipped to work with a couple to draft a comprehensive agreement that will stand up in the Texas judicial system.

A domestic partnership or cohabitation agreement is a contract between two individuals who plan to cohabitate in a primary residence. Finances, division of assets, partner support are all factors to be addressed, not only in entering the agreement, but should the relationship end, then in the division of accumulated assets and property. Although many aspects of the agreement are binding under contract law, it does not carry the same weight as a marital contract whereby certain rights inherent within marriage are not recognized for non-married partners.

Same sex partners living in the state of Texas do not receive the same tax benefits as married couples. Married couples are not limited to giving gifts to one another because they are not subject to gift tax restrictions. Such is not the case with domestic partners. Careful attention needs to be paid to any transfer of assets provided for in a partnership agreement that are under the fair market value or over the annual gift amount limit. Family law attorneys in Houston can aid a couple in drafting an agreement that protects all concerned both in entering into the agreement and for as long as it remains in effect.

A critical inclusion in the document is the establishment of a Power of Attorney for health care and if so desired a Power of Attorney over finances if one of the partners becomes incapacitated. Hospitals do not have to accept the decision making authority of an unmarried partner unless it is legally attested to in a contractual agreement. Establishing a will for each partner is important in determining how assets and property will be divided upon death. If a partner dies without a will, or in testate the probate court can assign everything to the next living relative if not otherwise provided for legally. The same applies to the ownership rights of life insurance death benefits and pensions.

Same sex agreements in the state of Texas, as they are encased within the legally recognized domestic partnership agreement must satisfy Houston family law and applicable contract law statutes, provide for the protection of each partner and adhere to public policy.

About the Author: ANDREW SMITH syI’m a professional Article writer. me also involved in social media marketing, link building and designing things. Always i want to share new informative things with you. andrewsmit222@gmail.com

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