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.

It seemed like the right decision at the time. The wedding happened quickly, and before you knew it, you and your spouse tied the knot. Now you may be wondering if you made a mistake and if seeking an annulment is an option.

You’ve heard of celebrities getting their impromptu, short-term marriages annulled. It seems like a quick way to erase a marriage and make it seem like it never happened. However, annulments aren’t about regret, and in California, they have strict legal requirements.

What Does it Mean When a Marriage is Annulled?

Getting a marriage annulled is not just another way of ending a marriage. Instead, the court is declaring that the marriage was never legally valid to begin with. Legally, it’s as if the marriage never existed.

That doesn’t mean the relationship didn’t happen or that there are no legal consequences. An annulment simply means that the marriage didn’t meet the legal requirements for a valid union.

What is the Difference Between Annulment and Divorce?

The main difference between annulment and divorce is how the law views the marriage itself. A divorce legally ends a marriage. There’s an acknowledgement that a valid union existed and was formally dissolved. An annulment states that there was no marriage.

Additionally, California divorces are “no-fault”, which means you don’t need to prove wrongdoing; irreconcilable differences are enough to begin the divorce process. Annulments have very specific legal requirements.

What are Legal Grounds for Annulment?

An annulment in California is available only in limited circumstances. Furthermore, there are two types:

1. Void marriages, which are illegal from the start
2. Voidable marriages, which require court action

California law prohibits incest (marriage between close blood relatives) and bigamy (one spouse was already married to someone else). Therefore, these “void marriages” are automatically invalid.

For voidable marriages, the person seeking the annulment must prove one of the following grounds:

• Fraud directly related to the purpose of the marriage, such as concealing an inability to consummate the marriage, or marrying solely for immigration benefits (green card).
• One spouse was forced into the marriage.
• One spouse was physically unable to consummate the marriage, and likely never will.
• A spouse was mentally unable to understand what was happening at the time of the marriage.
• One spouse was under 18 and lacked their parent’s, legal guardian’s, or the court’s consent.

Are There Statutes of Limitations on Annulment?

There are no time restrictions for filing for annulment in void marriages. Additionally, if either spouse was of unsound mind at the time of the marriage, an annulment can take place at any time before either spouse dies.

However, voidable marriages do have strict deadlines. In situations of forced marriages or physical incapacity, the claim must be filed within four years of the marriage. Fraud cases must generally be filed within four years of discovering the deceit. If one spouse was a minor when they married, the annulment must be filed before they turn 22.

Failing to meet the deadline could mean you no longer qualify for an annulment and instead must file for divorce.

Let LPEP Law Help

Are you considering an annulment? The first step is understanding your options. Choosing the wrong path could affect your rights and your future. Our experienced attorneys at Lonich Patton Ehrlich Policastri can review your situation, explain whether you qualify for an annulment, and help you move forward.

Call us at (408) 553-0801 to schedule your free consultation. We’re here to answer your questions, protect your interests, and guide you through the process.

 

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

The addition of a child to the family is cause for celebration. As a parent, every part of your life changes – your world grows bigger, and your priorities shift. But along with the joy comes a profound sense of responsibility. You are committed to protecting this tiny, vulnerable person and their future, including making sure they would be cared for by the right people if something unexpected happened.

One question many parents have is whether their will can dictate who will take custody of their children. A will plays an essential role in expressing your wishes; however, it doesn’t control every aspect of child custody under California law. Understanding what a will can and cannot do can help you make more informed decisions for protecting your children’s future.

What a Will Can Do

A will allows you to name a guardian to take care of your minor children in the event of your death. For new parents, this is one of the most critical aspects of creating a will. There are two capacities in which a guardian may serve:

1. Guardian of the person: The responsibility for the child’s daily care, well-being, and upbringing
2. Guardian of the estate: Managing any inheritance left for the child.

You can name the same person for both roles or appoint different individuals for each one based on their strengths.

What a Will Cannot Do

Many parents are surprised to learn that naming a guardian in their will doesn’t automatically guarantee custody. The judge will give substantial weight to the parents’ wishes, but they must also evaluate what is in the child’s best interests. Therefore, they may reject the parents’ nomination if:

• The nominee has a criminal history or substance abuse problems
• There are credible allegations of past abuse or neglect
• The nominee is unable or unwilling to take on the responsibility of guardianship
• Another close relative petitions the court for guardianship, and they appear better suited for the role.

What if Only One Parent Dies?

If one parent dies, the child will stay with the surviving parent unless the judge finds them unfit. Even if you nominate someone else as guardian, the courts will not allow a will to override the surviving parent’s rights.

If both parents die, or the surviving parent can’t care for the child, the court will look to the will for guidance.

What if there is no Will?

About two-thirds of American adults don’t have a will. For parents with minor children, this creates a dilemma for California courts as they must determine guardianship with no guidance. This can result in family disputes as multiple relatives petition for custody. The worst part is the uncertainty it creates for the child who has lost their parents and is trying to process their emotions.

Beyond the Will

You want your wishes to carry as much weight as possible with the courts. In addition to naming a guardian in your will, consider writing a letter of explanation describing why you chose a particular guardian. You should also name a backup guardian in the event your first choice can’t fulfill the role. Creating a trust to manage your children’s inheritance helps ensure their financial security.

Our attorneys at Lonich Patton Ehrlich Policastri can help you draft a will, create a guardian plan, and set up a trust. We understand the importance of protecting your children’s future if something were to happen to you. 

Contact us for a free consultation by calling 408-553-0801. By working with us, you will have peace of mind and the assurance that your wishes are legally sound.

 

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

It’s a sad fact of life that the very people who loved and protected you when you were most vulnerable eventually become vulnerable themselves. Protecting them from elder abuse becomes your responsibility.

Unscrupulous people look to take advantage of older adults. Scammers, caregivers, and even family members use deception, undue influence, and theft to deprive senior citizens of their hard-earned assets, leaving them afraid, alone, and destitute.

The good news is that there are several strong legal tools that you can use to help protect your loved ones and ensure their financial security during their golden years.

Create a Durable Power of Attorney

Appoint someone trustworthy as a Durable Power of Attorney (POA). A POA gives them the legal authority to manage your loved one’s financial matters if they become incapacitated.

To ensure transparency and prevent misuse, consider requiring regular financial reports or appointing co-agents.

Use Direct Deposit and Automatic Payments

Consider setting up direct deposit for Social Security or other checks and automatic bill pay. These actions can protect a senior citizen from theft, lost mail, or some other interference. 

Even small steps can reduce others’ opportunities to tamper with your loved one’s financial affairs.

Set Up a Revocable Living Trust

A revocable living trust is another tool to protect vulnerable family members from abuse. Your loved one will still have control over their assets with a safety net in place if they can no longer manage their finances. A successor trustee or co-trustees can step in if needed.

A trust serves a dual purpose. Not only does it add oversight, but it also helps the family avoid probate, a public legal process that can provide an opportunity for exploitation.

Be Cautious with Joint Bank Accounts

Joint bank accounts can be convenient, but they also expose an older adult’s assets to abuse. Funds in a joint account legally belong to both parties so that either owner can withdraw them without the other’s permission. 

A better option is convenience accounts, where a helper can write checks and assist with transactions, but does not own the funds.

A Conservatorship May Be Necessary

If your elderly loved one is being financially exploited or can no longer make sound decisions, you may need to petition the court for a conservatorship. A court-appointed conservator is given legal control over the older adult’s finances. The court will supervise the conservator, which adds an additional layer of protection.

It’s important to note that petitioning for a conservatorship is a serious step and should only be used when other options are insufficient.

Ensure Estate Planning Documents are Current

An up-to-date estate plan should include a will, trust, and powers of attorney. These legal documents clearly identify who is authorized to manage your older loved one’s financial and health decisions. 

Review these documents regularly and keep them in a safe place. Remove anyone who does not serve your loved one’s best interest to reduce the risk of exploitation.

Work with LPEP Law to Keep Your Loved One Safe

Our knowledgeable attorneys at Lonich Patton Ehrlich Policastri can help you create the legal documents you need to protect your vulnerable family members from abuse. We can also assist you with petitioning for conservatorship if necessary.

Contact us at (408) 553-0801 to schedule your free consultation. With our help, you can rest assured that your elderly family member’s assets and dignity will be protected.

 

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

Child custody and prenuptial agreements are becoming increasingly popular these days. More people are realizing that a prenup isn’t just for rich people to safeguard their wealth during a divorce. Instead, they can be valuable tools for setting expectations about assets, businesses, and debts. 

However, one question is often asked: can you use a prenup to decide child custody arrangements if the marriage ends?

The short answer is no. While prenups are excellent tools for financial planning, custody decisions are based on the child’s best interests. Understanding the limits of a prenuptial agreement is essential to protecting your rights and your family’s future.

What Prenuptial Agreements Can Cover

Prenuptial agreements are legal contracts that enable couples to establish rules regarding financial matters before they get married. When you consider that money arguments are a leading cause of divorce, a prenup can encourage open and honest conversations.

If one spouse enters the marriage already owning a significant amount of assets, a prenuptial agreement ensures that these assets won’t be lost if the couple divorces. Conversely, if the spouse has a considerable amount of debt, the other partner won’t be responsible for paying it. A prenuptial agreement can also protect a family business from being divided or gifts intended for children from prior relationships.

A prenup can also dictate whether either spouse will receive support and in what amount. These agreements provide financial clarity and peace of mind.

Why Child Custody is Different

The courts base their custody decision on the best interests of the child, not a prenuptial agreement between parents. When making their determination, they look at factors such as:

• The child’s age and health
• The child’s relationship with each parent
• Each parent’s ability to provide a stable and loving environment
• The educational needs of the child
• The child’s preference, depending on their age

Circumstances change over time; therefore, custody can’t be predetermined years in advance with a prenuptial agreement. 

If you attempt to include custody terms in a prenuptial agreement, the court will likely disregard them and other unenforceable clauses, while upholding the remainder of the contract. However, if the judge believes the agreement is extremely one-sided or overly restrictive, it could raise questions about its fairness, thereby putting the entire prenup’s validity at risk.

While you can’t address custody arrangements in a prenup, couples can include other provisions related to children, such as:

• Setting up college funds or trusts
• Nonbinding statements regarding education and religion
• Agreements on funding major expenses like extracurricular activities

Alternatives for Addressing Child Custody Concerns

Rather than relying on a prenup, parents separating or divorcing typically determine custody through parenting plans, which are detailed agreements about co-parenting responsibilities, decision-making, and schedules.

Courts prefer that parents draft their own parenting plans or work with a mediator (a neutral third party) to create a plan that works for the entire family. In situations where mediation is unsuccessful or the parents can’t agree, the court will intervene to determine custody. As the children grow and circumstances change, arrangements can be adjusted to meet the family’s evolving needs.

How LPEP Law Can Help

Prenuptial agreements are powerful tools for financial planning, but they can’t be used to dictate child custody. If you’re considering a prenuptial agreement, our attorneys at Lonich Patton Ehrlich Policastri can help. We will draft a prenuptial agreement tailored to your specific financial circumstances, ensuring it’s fair and in the best interest of you and your children.

Contact us at 408-553-0801 or visit our website to schedule your free consultation. You will have peace of mind knowing that your financial future is protected.

 

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