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Does California Recognize Cohabitation Agreements?

More young couples are opting to live together without getting married. Many choose to skip the traditional marriage ceremony for personal reasons and instead sign cohabitation agreements. California is at the forefront with its progressive stance on this trend. In this month’s blog, we’ll explore the ins and outs of cohabitation agreements in California, discussing their recognition and what you need to know if you’re living with your partner.

What is a Cohabitation Agreement?

A cohabitation agreement is a contract between two people in a romantic relationship living together but aren’t married. It outlines the rights and responsibilities of each partner, covering everything from property division to financial support. Think of it as a prenuptial agreement, but for those who aren’t walking down the aisle.

Are Cohabitation Agreements Recognized in California?

The short answer is yes but with some caveats. California does recognize cohabitation agreements, but they aren’t as straightforward as marriage-related agreements. The courts won’t handle a child custody case as they would in a divorce case for a married couple. In essence, these agreements are treated like any other contract, as long as they are clear and consensual. 

Related: Learn more about the rights and responsibilities of unmarried parents in California here.

Cohabitation Agreements vs. Common Law Marriage

The Golden State doesn’t recognize common-law marriage, but some rights are now afforded to “cohabiting couples” of any gender, who live together. Previously, entering a domestic partnership required the partners to be over 18 years old. However, these restrictions were lifted, allowing any individual, even under 18, to legally enter into a domestic partnership if they meet the requirements.

This means living together for a certain period doesn’t give you the same rights as a married couple. This is where a cohabitation agreement can come in handy. It offers a way to protect yourself and your assets without the legal bonds of marriage.

Related: Learn more about types and implications in California here.

Why Bother with a Cohabitation Agreement?

You might wonder why you’d need a cohabitation agreement if you’re not tying the knot. Here’s the deal: living together can create financial entanglements and potential disputes if the relationship goes south. A cohabitation agreement can help smooth things over by clearly defining expectations and responsibilities. It can address:

  • Property Rights: Who owns what and how property will be divided if you split up.
  • Financial Responsibilities: How bills and expenses will be shared.

Related: Learn more about defining unfit parenting and the power of documentation here.

Protect Yourself During Cohabitation with Family Law Richard E. Young & Associates

Since there are not many laws in California protecting cohabiting couples, it is advised to take your future into your own hands. We will create a legally enforceable cohabitation agreement with your partner. Visit our website richardeyoungattorney.net or contact us at (949) 951-9529 to learn more about how we can assist you.

How Prenuptial Agreements Affect Children

For those who have been following our blog, you would know we have covered the pros and cons of prenuptial agreements in a previous post. Now that we have gotten that important aspect out of the way, let’s get closer to the matter and discuss more on what actually is affected by this.

To reiterate, a prenuptial agreement is a contract signed between two persons who are in the process of getting married but haven’t just yet. This is used to determine how any property, income, and other assets will be divided if the marriage dissolves for any reason.

Aside from that, it is also used to contemplate what will happen with the children. For more on this particular topic, here are some situations where this must be considered.

You Plan On Having Children

Even when you’re experiencing your first marriage, a prenuptial agreement can really help you. As we previously mentioned, this contract is designed to protect the property and assets of each spouse if a marriage fails. Beyond that, if you plan on having children, you can include in the contract clauses that cover child support, education, medical insurance, and other crucial matters.

You Already Have Children from a Prior Relationship

For those who are going through a second marriage and happen to have children from a prior relationship, a prenuptial agreement will make sure your children will inherit all or a portion of your assets.

In many states, there is actually a law that prevents someone from ignoring their spouse in a will. This means your spouse may be entitled to the assets that were primarily meant for your children. However, with a prenuptial agreement, you can avoid this matter entirely.

Your Former Spouse is Getting Married to Someone Else

This can be a bit of an uncomfortable situation, but not an uncommon one to thi nk about. If you had a child through a previous marriage but are now divorced, and find out your ex-spouse is remarrying, you should consider the best interests of the child.

At the same time, you cannot use a prenuptial agreement to change the terms surrounding child support, custody, or visitation rights. For that, you must go through the same court where these terms were originally handled.

Conclusion

When you ready to draft a prenuptial agreement, you’ll find this can be immensely difficult, especially when you’re weighing a lot of different variables. This is why you should put your trust in an experienced family lawyer who can help you through the entire process and determine what provisions to include. You will also have peace of mind knowing your rights and personal interests are protected!