This blog will explore the nuances of cohabiting in the Golden State and how it impacts your legal rights and responsibilities.
There are many reasons why couples find cohabitation a better option than marriage. Some couples feel marriage is outdated and are scared of the high divorce rate. Well to do older or elderly people may find marriage a poor idea because they might lose much of their estate if a divorce occurs. Lastly, people cohabitate simply to save money or due to their beliefs.
Defining Cohabitation in California: Legal Perspectives
In California, cohabitation refers to two unrelated adults living together in a long-term relationship resembling a marriage. Legally, cohabitants do not enjoy the same rights as married couples, especially concerning property rights, inheritance, or spousal support. Understanding the legal definition of cohabitation is crucial as it can influence various aspects of the law, including domestic partnership benefits and common-law marriage recognition.
It’s important to note that California does not recognize common-law marriages created within its borders. However, it does recognize common-law marriages from other states where such unions are legally established, which can affect cohabitating couples that have moved to California.
Cohabitation occurs when two people live together, are engaged in an intimate relationship and do not have a legal commitment such as a valid marriage or recognized domestic partnership. When couples cohabitate, California law does not recognize their individual assets as community property as when two people are married. It is not hard to see that people with substantial financial assets put themselves at great risk without some sort of agreement or legal protection.
If you are in a long-term relationship and plan to share expenses, buy property together, invest together and mix assets, the best option is to protect you and your partner with a cohabitation agreement. If a problem arises in the relationship, you will both know how to split your possessions without having to follow the legal rules of divorce.
These types of agreements are governed by contract law principles alone. Therefore, it is essential to cover all aspects you want addressed because the law will not protect you in case your relationship ends. A cohabitation agreement can also give each party an idea of the expectations of the relationship with the legal enforceability to protect against financial ruin or the loss of support that was promised.
What Should be Included in a Cohabitation Agreement
Cohabitation agreements can be used for a variety of reasons and should be specifically tailored to fit the exact needs of your relationship. Most of the aspects addressed often include:
- The way certain assets are owned, including assets acquired prior to or during the relationship
- The sharing of income and expenses, if any (food, housing, utilities)
- How newly obtained assets are owned (ex: bought, inherited, gifted)
- The management of financial accounts, insurance and other policies
- Distribution of particular assets in the event of death or separation
- The process used in resolving property right disputes (ex: mediation)
Inclusion of these types of provisions can help avoid sources of conflict in your relationship and strengthen it. It is also important to revise your agreement when circumstances change.
The law encompassing cohabitation agreements can be complex, and the facts of each case are always unique. The experienced Cohabitation Agreement Attorneys at Minella Law Group will help protect your legal rights by drafting an enforceable cohabitation agreement addressing a multitude of issues to preserve your interests.
Property Rights and Financial Responsibilities of Cohabitating Partners
Cohabitating partners in California have no automatic right to each other’s property in the event of a breakup. Unlike in a marriage, where property is often considered community property, cohabitants retain ownership of their separately acquired assets. However, cohabitants can enter into written agreements to define property rights and financial responsibilities during their relationship and in case it ends.
In the absence of such an agreement, disputes over property acquired during the relationship may be resolved based on the principles of contract law or equitable doctrines, such as implied contracts or unjust enrichment, which can be complex and difficult to prove.
The Impact of Cohabitation on Child Custody and Support
Child custody and support are determined by what is in the best interest of the child, regardless of the parents’ marital or cohabitation status. California law requires both parents to support their child financially. Cohabitation can impact child support calculations, as the income of a new partner may be considered when determining the appropriate level of support.
Cohabitation can also impact child custody arrangements if the cohabiting situation affects the child’s welfare. In such cases, the court will assess the living situation’s stability and whether it’s conducive to the child’s best interests.
Legal Agreements for Cohabiting Couples: Protecting Your Future
Cohabiting couples in California can create a ‘cohabitation agreement’ to outline the terms of their relationship, including property division, financial arrangements, and responsibilities. This legally binding document serves to protect each person’s interests and can simplify matters should the relationship end.
It is advisable for cohabitating partners to consult with a legal professional when drafting such agreements to ensure that their rights are protected and the document is enforceable under California law.
How Cohabitation Laws in California Compare with Other States
California’s cohabitation laws differ significantly from other states, some of which recognize common-law marriage or have statutes that provide rights similar to those of married couples. In states with common-law marriage, couples can acquire the equivalent of marital rights through cohabitation and holding themselves out as a married couple, without a formal ceremony.
California’s approach, on the other hand, requires cohabitating couples to take proactive legal steps to protect their rights. This distinction underscores the importance of understanding your state’s specific cohabitation laws and how they may affect your relationship.
•• Minella Law Group Can Help ••
Attorneys at Minella Law Group are here to help and have your best interest at heart. For more information or to schedule a consultation, call us at 619-289-7948. We look forward to helping.
