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Domestic Partnerships

Prenuptial and Co-Habitation Agreements in California

By December 22, 2010May 11th, 2016No Comments2 min read

It was recently reported that actress Eva Longoria filed for divorce from her husband, NBA star Tony Parker, after allegations of infidelity on Parker’s part.  Because the couple entered into a prenuptial agreement before their marriage, the agreement will determine how their assets are divided and whether any spousal support must be paid.

California is a community property state.  This means that property acquired during a marriage belongs equally to both spouses.  However, couples can modify their property rights by contractual agreement.  Prenuptial, or premarital, agreements allow couples to decide how property will be divided and/or spousal support paid should the marriage end.  These agreements must be carefully drafted and comply with specific requirements in order to be enforceable.

It is becoming increasingly common for unmarried couples who share a home and expenses to enter into co-habitation agreements.  These agreements govern how expenses will be shared during co-habitation and how property will be divided should the relationship end.  Co-habitation agreements are becoming more popular because many couples now wait until they are older to get married.  By that time, each person often has more assets to bring to the co-habitation arrangement.  Many couples prefer to make an agreement in advance in order to minimize disputes if the relationship ends.

If you are considering a prenuptial or co-habitation agreement, it is important to consult with an attorney who is experienced in drafting these kinds of agreements and who can make sure that your agreement complies fully with all legal requirements.  The attorneys at Minella Law Group understand the law regarding property shared by couples in all types of domestic relationships, and can prepare an agreement that is tailored to your specific situation.  Please call Minella Law Group at (619) 289-7948 to schedule your consultation with an experienced family law attorney.