Why Use a Cohabitation Agreement?
A cohabitation agreement is a private agreement between parties who cohabit without marriage regarding their rights and obligations to certain property. Such an agreement operates similar to how a premarital agreement would operate for married couples. However, in contrast to marital agreements, cohabitation agreements are generally the primary source of certain rights between the cohabitating parties.
Cohabitation agreements can involve provisions governing the rights and responsibilities of the parties in issues such as:
- Property division: Under California law, divorce couples equally split property that qualifies as “community property.” However, when no marriage is involved, the property of cohabitating individuals is not subject to California’s community property rules. A cohabitation agreement can help the parties clarify their rights to certain property and organize how to dispose of assets under certain conditions.
- Partnership formation: A cohabitation agreement can contain provisions that govern the formation of a joint business between the parties.
- Real estate rights: The parties to a cohabitation agreement can agree on allocating their respective rights when it comes to the ownership of a residence and their rights to rental income from rental property.
- Support: The California Family Code recognizes a spouse’s right to receive necessary financial support from their former spouse after getting a divorce. However, this right does not apply to unmarried cohabitating couples. As a result, the parties must voluntarily agree to the parties have the discretion to set the exact terms and conditions
Consult Our Experienced Cohabitation Agreement Lawyers in Carlsbad
We live in a contemporary society where love and interpersonal relationships are not restricted to traditional notions of marriage. Unfortunately, our legal system still has catching up to do regarding marriage and domestic relations. If you live with your significant other but are not getting married, you should seriously consider if a cohabitation is right for you. At Griffith, Young & Lass, we have years of legal experience with various issues under California law, including the preparation, execution, and enforcement of cohabitation agreements. We can analyze your case and determine whether a cohabitation agreement is appropriate for you and your significant other.