In California, unmarried couples who live together are considered to be cohabitating. If you and your partner cohabitate, you may wonder: Do unmarried couples have rights in California? The short answer is yes. However, couples who cohabitate have different legal rights than those who are married.
California and Common Law Marriage
Sometimes two people will function like a married couple without ever having formally wed. In some states, when couples like this hold themselves out to others as married and cohabitate, they can be considered legally married under common law. A marriage established in this manner is often referred to as a common-law marriage.
Sometimes, Californians make the mistake of believing they are married because they call themselves husband or wife and live together. However, California does not recognize common law marriage. Therefore, generally, even if two people live together in the state and identify themselves to others as spouses, they will not be considered legally married if they have not gone through the legally-required steps.
California Cohabitation Agreements
California unmarried couples are not subject to the same legal provisions as those who are married, including community property laws. However, a cohabitating couple can take steps to clarify their rights and responsibilities to one another. Couples who are in this situation may want to consider using a California cohabitation agreement.
A California cohabitation agreement is a legally-binding document that can be used by romantic partners who reside together. Couples can use this legal contract to establish their respective financial rights and obligations. Cohabitation agreements operate similarly to prenuptial agreements in that they address issues that could arise if the relationship ends.
If you plan on using a cohabitation agreement, you will want to consider including provisions that address issues such as:
- How you and your partner will allocate your household expenses
- Who has the right to reside in your home if the relationship ends
- How property acquired during the relationship will be treated (joint or separate)
- Planned post-relationship child support rights and obligations.
- Financial support of children during the relationship
- Post-relationship financial support
- Retirement and pension plans
- Paying additional property expenses and taxes
- Dispute resolution through mediation or another means
- Whether you intend to provide for one another through estate planning
When properly prepared, cohabitation agreements are legally binding on the parties and can provide both with the peace of mind of knowing their interests are protected. If you believe you and your partner will need a cohabitation agreement, you should consult with an experienced California family law attorney. Your lawyer can help you evaluate your circumstances and develop an agreement that addresses your financial needs and concerns.
Shared Resources
When a couple cohabitates, they are free to have joint or shared financial resources and belongings. For instance, you and your partner may own property together or have a shared bank account. If you were to end your relationship, you would have the property rights conferred by your deed, contract, and banking documents. When couples enter into a contractual agreement regarding their shared resources, it may be more likely that such an agreement will be upheld. In addition, there may be circumstances when a court may find that there is an implied contract between the couple.
Support and Custody Issues
Cohabitating couples can’t pursue alimony from one another under California’s marital laws. However, they can seek child support if the two have children together. Further, parents can pursue legal and physical custody orders regardless of marital status.
Contact a California Child Custody Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced child custody attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.