A cohabitation is an agreement between non-married people that are romantically involved. It addresses personal and financial issues that could be encountered if the couple breaks up or if one of the parties passes away. It’s important to understand that these agreements are based on contract law, not family law, and disputes will be subject to the jurisdiction of the civil court, not the family court in California. If you’re combining expenses, investing in property and/or raising children with somebody that you’re not married to, it’s worthwhile to speak to a California attorney with experience drafting cohabitation agreements. Envision Family Law, LLP is committed to offering every client excellent service and getting great results.
What Is A California Cohabitation Agreement?
A California cohabitation agreement is intended to protect both partners from the potential for conflict and financial ruin in the event of a breakup or the death of one of the partners. It’s especially important if one or both of the parties have valuable assets, real estate holdings, high income and/or high net worth. A California cohabitation agreement is a type of partnership agreement, with agreed upon terms that set expectations, protect property, validate non-monetary contributions and reduce exposure to litigation. These are some of the types of issues that are appropriate to include in an agreement:
- The allocation of expenses and responsibilities such as who pays the electric or walks the dog;
- Whether specific property acquired jointly during the relationship, such as cars, homes and furniture will be considered joint or separate;
- Whether post-breakup support (palimony) be paid;
- Whether the partner raising children is entitled to financial or educational support;
- If the parties bought a home, will one of the parties have the right to live there after a break up, will the other party need to buy them out or will the property be sold?;
- What property will pass to the other partner if one party dies?
California Cohabitation Agreement Attorney
If you believe that a cohabitation agreement might be appropriate for your circumstances, it’s important to hire an experienced California Cohabitation attorney that can help you draft an enforcement agreement and ensure that it’s properly executed. Envision Family Law, LLP has a reputation for excellent personal service and great results.