As more couples in California decide to live together without getting married, questions about rights, finances, and commitments may arise. One essential point to understand up front is that California does not recognize common law marriage, no matter how long you’ve been together or how much you live like spouses. Couples must think ahead and often take formal steps to clarify their rights and avoid unexpected legal consequences if their relationship changes.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legal contract made between unmarried partners who plan to share a home, finances, or property but want to outline their rights, responsibilities, and expectations in the event of a split. Unlike a prenuptial or postnuptial agreement, which apply only to couples who are married or about to marry, a cohabitation agreement is specifically for those who are staying unmarried.
Many couples consider such an agreement before buying property together, starting families, or making significant joint purchases, but they can also be useful if large inheritances, complicated financial backgrounds, or children from previous relationships are involved.
What Can a California Cohabitation Agreement Cover?
When you and your partner draft a cohabitation agreement, it’s helpful to understand what it can include to make sure it’s legally enforceable.
Income, Expenses, and Debt Responsibility
The document can spell out how you’ll split regular bills, rent, utilities, and responsibility for debts, avoiding conflict later if things become unmanageable or the relationship ends.
Real Estate and Shared Purchases
If you’re buying real estate, cars, or other substantial assets together, your contract details how to handle any future sale or transfer, or which partner stays or buys the other out in case of a breakup.
Support or Financial Arrangements Upon Separation
Partners might agree about support payments or how joint bank accounts are dissolved should you go separate ways.
Pets and Shared Personal Property
Even pets and other household items can be assigned in these contracts so there’s less of an argument if a split occurs.
Taking the time to put important terms in writing gives partners peace of mind going forward.
What Cohabitation Agreements Cannot Do
While cohabitation agreements can cover many issues related to living together, there are important aspects that cannot legally be included.
Child Custody or Child Support Determinations
These agreements can’t dictate parenting time, legal custody, or child support. Those issues are determined case-by-case by California family courts, based on the best interests of the child.
Waiving Rights That Violate Public Policy
You cannot use a cohabitation agreement to skip out on important public rights and social rules. For instance, partners cannot agree in advance to avoid financial responsibility if it leaves one party destitute, or try to avoid the legal authority of the courts.
Illegal or Unconscionable Provisions
Any part of an agreement that asks someone to do something illegal – or that is shockingly unfair (such as demanding total financial support in return for nothing, or exchanging money for forbidden actions) – cannot be enforced by a judge in California.
A well-written cohabitation agreement protects partners from uncertainty, but only within the limits of California law.
How a California Family Law Attorney Can Help
A California family law attorney can guide you through the ins and outs of cohabitation agreements with advice that fits your Neds. They can draft an agreement that will hold up in court and make sure all important factors are addressed. If you want peace of mind about your rights while living together or need help handling a break-up, contact us today to schedule a free consultation.