California Cohabitation Agreements
If you are thinking about moving in with your partner or are already living with your partner, a cohabitation agreement allows an unmarried couple to define their rights and obligations toward each other. Many people assume that living together without getting married simplifies their relationship. Often, the opposite can be true. There is an established legal framework for married couples that protect their individual rights should the relationship dissolve. This is not true for those choosing to live together and not marry. Since the lack of a legal framework can create uncertainty, a cohabitation agreement is important to define the legal rights of each partner. At Russakow / Greene & Tan, our experienced family law attorneys can help you create a legal agreement that defines your rights and obligations as a cohabitating couple.
Who Needs a Cohabitation Agreement?
A cohabitation agreement is a valuable asset for both heterosexual and same-sex couples who want to share their lives together outside of marriage. Even if California law does not offer the same rights, benefits, and protections to those living together as married couples, these rights can be established through a legal cohabitation agreement.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal contract between a non-married couple that defines important aspects of their relationship. The agreement will spell out the rights and obligations of each partner and attempt to eliminate uncertainties. A cohabitation agreement will establish legal proof of how things will be handled in the event of a break-up or the death of a partner. A cohabitation agreement can:
- Designate specific assets as individual property
- Establish a process to deal with jointly owned assets, such as a car or home
- Clarify who pays for rent, utilities, and household expenses
- Designate what property will be considered community property
- Establish specific responsibilities and roles in the relationship
- Establish roles for parenting and child care responsibilities
- Establish which partner will maintain custody of any children in the event of separation or death
- Establish child support payments if there is a separation
- Establish financial support payments in the event of a separation
- Establish who has legal guardianship if one or both partners die or become incapacitated
- Establish who has power of attorney in the event that one partner becomes incapacitated
- Establish how inheritances are to be distributed in the event of a partner’s death
- Establish who becomes conservator of the estate if one partner dies or becomes incapacitated
California Cohabitation Agreement Attorney
The reasons for establishing a cohabitation agreement are as varied as the couples themselves. A cohabitation agreement clarifies the rights and responsibilities of each partner during the relationship, and what happens when that relationship ends, either through separation or death. A cohabitation agreement makes sense for any couple living together who chooses not to marry or are not yet ready for marriage. At Russakow / Greene & Tan, our attorneys will assist you in preparing a cohabitation agreement that protects your rights, not only as a couple but as individuals as well.
