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For a lot of people, marriage is a non-starter under any circumstances. However, just because you may not want to get married doesn’t mean you won’t be in a long-term, committed relationship. However, a relationship similar to a marriage in many ways, including co-owned assets and cohabitation, does not receive the same level of recognition and legal protection as married couples. This is due, in part, to California not recognizing common law marriage.
There is a certain level of security that comes with marriage, rights to access during times of sickness, automatic beneficiary benefits on death, that you cannot quite get in other relationships. For a loving, caring partnership, however, it may be important for you to have that security. Another key need is to settle rules about how you and your partner live together. Building a family – even without a marriage – is an exercise in organization and obligation. Codifying in secure language how you and your partner will work together for the family you’re making makes things easier.
Often, a cohabitation agreement would have significant thought regarding the possible end of the relationship. It may spell out asset division, how to take care of any children, who gets to live where and so forth. However, you must also consider what would happen if your relationship ended without an agreement. For those who have ended a cohabitating relationship, settling the necessary parts of the relationship falls to the people involved. These are individuals in a highly emotional state, determining the best way forward. And if there are children involved, you may end up dealing with a child custody dispute anyway.
It’s natural to feel stressed about the prospect of marriage. It’s common not to want to get married. However, not saying vows does not mean you won’t have obligations. A cohabitation can manage those obligations and decrease the stress of uncertainty. When you work with an experienced attorney, you can learn more about your rights to cohabitation in California and prepare for any twists and turns that happen with your relationship.
With 30 years of experience in family law, Jason Benjamin has handled more than 1,000 child custody cases and regularly takes on complex, high-conflict matters involving emergency custody orders, domestic violence, restraining orders, mental health concerns, and substance abuse issues. Jason brings decades of courtroom experience to challenging family law disputes and is committed to protecting families during some of the most difficult moments of their lives. He is known for taking decisive action, building strong legal strategies, and advocating aggressively when the stakes are highest.
This page has been written and reviewed by the Envision Family Law team in accordance with our editorial guidelines.
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