Implications of New Cohabitation Rights: What Unmarried Couples Need to Know

Romantic partnerships come in various forms. For many couples, choosing to live together without marrying shows commitment without the legal constraints of marriage. For others, it may be due to financial reasons, or they may simply be exploring their compatibility.

Many California laws reflect the realities of modern relationships. However, while options like expanded domestic partnerships offer some legal protections, unmarried couples still face important differences compared to their married counterparts. Understanding these distinctions is essential to protecting your finances, property, and long-term interests.

Cohabitation Does Not Equal Marital Rights

A common misconception is that living together for a certain number of years creates legal rights similar to those of marriage. But that is not the case in California. The state doesn’t recognize common law marriages within its borders, regardless of how long the couple has lived together.

Therefore, unmarried couples do not automatically share property, have rights to spousal support, or inherit from each other. Unless there are formal legal arrangements, each partner is treated as an individual according to the state’s laws.

Domestic Partnerships

California does allow adult couples, regardless of gender, to register as domestic partners. A registered domestic partnership can provide many of the same rights and responsibilities as marriage under state law, including community property, spousal support, and child custody.

However, domestic partners are not eligible for the same federal rights as married couples. They can’t file income taxes jointly. Additionally, they aren’t entitled to Social Security benefits and can’t sponsor their partner for immigration.

Documentation Determines Property Ownership

For unmarried couples, property rights aren’t governed by the state’s community property laws. Instead, ownership is typically determined by whose name is listed on the title, deed, or account. This can create significant problems if one partner contributes financially to an asset that is legally owned by the other.

Since there is no presumption of shared ownership, conflicts often arise when a relationship ends. Courts will often look to written agreements or other evidence of intent when determining how property should be divided.

Cohabitation Agreements Are Essential

Since there are no automatic legal protections for cohabiting partners, couples are increasingly looking to cohabitation agreements. These legal contracts allow couples to define how they will handle finances and other assets during their relationship and in the event of a breakup.

Courts will typically enforce cohabitation agreements, provided they meet the requirements of a standard contract and are not based solely on intimate relationships.

Marvin Claims

California does allow palimony agreements. One partner can pursue financial claims after a breakup under a “Marvin claim.” These cases are based on the idea that one partner made promises or that there was an implied agreement regarding financial support or sharing assets.

Still, without documentation, these claims can be difficult to prove. A partner can be at a disadvantage if they rely solely on an informal understanding or verbal agreement. 

Estate Planning is Essential for Unmarried Couples

Unlike married couples, unmarried partners do not automatically inherit from one another. If one partner dies without a will, the surviving partner may have no legal right to any portion of the estate.

Cohabitating couples should take proactive steps, such as creating a will and naming a power of attorney and a health care agent. These ensure that each partner’s wishes are honored and that the other can step in to help if needed.

Considerations for Unmarried Couples with Children

When a married couple has a child, the husband is automatically listed as the father on the birth certificate. Unmarried couples don’t have that same advantage. Legal paternity must first be established, either by a voluntary acknowledgement of paternity or DNA testing. 

With legal parentage, both parents can have custody rights and financial responsibilities similar to those of married parents.

Protect Your Rights

Cohabitation offers flexibility, but doesn’t come with the same automatic protections as marriage. Unmarried couples need to put in place those protections through deliberate legal planning.

Our attorneys at Lonich Patton Ehrlich Policastri can help you formalize your arrangement. It’s the best way to avoid uncertainty and protect your future.

Schedule your free consultation by calling 408-553-0801.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.