What Are the Cohabitation Laws in California?
Cohabitation laws in California help unmarried couples who live together determine their rights and responsibilities in the eyes of the law. Cohabitation means two people live as a married couple without the legal formalities of a marriage license or certificate. The couples share a home and finances, but do not consider themselves married.
Cohabitation laws work differently from those governing the responsibility of married couples. For example, divorce agreements dictate how child custody works if one parent chooses to move away. Even though unmarried couples can file for child support, child custody arrangements can be different from those in a divorce. California law does not dictate child support payments for unmarried parents. An agreement between both parents can greatly affect the ultimate amount of child support paid and the visitation each parent receives.
Domestic partnerships are a common term used to describe live-in couples. When couples enter domestic partnerships , they must sign paperwork that grants them legal rights akin to married couples. The state of California recognizes these agreements and provides financial security to those in them. Domestic partnerships cannot issue a divorce after a split from their partner, different from married couples. However, domestic partners can dissolve their partnership and divide items of property or finances.
California does recognize common law couples if they demonstrate some of the markers of marriage like jointly filed taxes or ownership of real property. Other courts apply the law to determine if a couple demonstrates that they live together as a married couple. Cohabitation laws may differ from state to state, as some states do not recognize common law marriages or grant cohabitating adults the same rights as married couples.
Unmarried Couples’ Rights in California
Unmarried couples in California do have rights. But they can be tricky to fully understand. When cohabitating, these rights affect property, financial responsibilities and sometimes legal agreements.
Property. If your significant other is not on the title of a house for which you pay the mortgage or for the rent, California law states they have no legal right to live with you in that home or apartment rent-free. If the property is jointly owned, there are laws on what happens if you and your partner separate. In that case, California law states that a unilateral sale of the property by only one of the former partners can happen by a former partner filing a lawsuit for the partition and asking the court to determine a fair value for the property and how the asset should be divided.
Property Ownership. An unmarried couple that has pooled its assets into joint properties could use what is called a "tenancy in common" agreement. In this scenario, both partners’ names are on the title to the property and the partners then can use the property as they see fit. This means selling or mortgaging the property without the approval of the other partner. As an outsized figure in the property transfer in this case, the partner whose funds paid for the property would reap a greater benefit over the other partner after the sale.
Sometimes a cohabitating couple will enter into a domestic partnership in order to enjoy certain privileges and benefits offered by the state such as health insurance. However, it’s still smart to discuss how things will be divided in the case of separation.
Cohabitation Effects on Child Custody and Support
When children are involved, cohabitation can influence custody and support arrangements. While there are no strict rules regarding the impact of cohabitation on child custody in California, cohabitating with a new partner during separation or after divorce may have an effect on the parent with primary custody. The non-custodial parent may be less inclined to challenge the current custody order. If the custodial parent had been living alone, moving in with a new partner was a potential risk for the non-custodial parent, who could have asserted that the move harmed the child’s best interests by removing them from the stability of a single household. The new relationship might now be seen as positive. As a result, the parties may agree to maintain an existing schedule or to modify it to benefit the child without involving the court. If the custodian does approach the court, he or she is generally required to prove that a change in custody is in the best interest of the child. In California, the family code does not specifically prohibit cohabitation. In some cases, the court has even ruled that a parent seeking a modification can be found at fault if he or she obstructs contact between the child and the parent who lives with a partner. In the past, instances of cohabitation have been viewed on a case-by-case basis, but no longer. Moving in with a new partner following separation or divorce can also impact how child support may be awarded. The state can order one or both parents to contribute to the costs of caring for the child during separation or after divorce. When calculating child support, courts may consider the incomes of both parents and the number of nights the child spends with each parent. Courts may also use cohabitation to determine whether the amount awarded is appropriate. If the spouse previously responsible for providing support moves in with a new partner who contributes financially to the household, the household’s overall financial situation is taken into consideration. Cohabitation law in California cannot immediately affect credit, property division, taxes or social security. In some areas of the law, such as domestic violence or criminal responses, cohabitation is a factor. Cohabitation law in California governing marriage-related areas is generally laid out in the California Family Code, but it is relatively new, and the text does not address property division, taxes and social security. Cohabitation may also be addressed in pre-nuptials, domestic partnerships, or community property settlements. The definition of cohabitation can be difficult to pin down, but a cohabitation agreement can often help. If two unmarried individuals live together, hold themselves out as married, and share a financial relationship, they may be found to have cohabitated, although "unmarried" is a relative term. Cohabitation agreements can include rights and responsibilities that are often associated with more formal unions. They can help to define how property is divided if the relationship ends, or they can even protect the spouses in the event one dies. Cohabitation law in California allows individuals to enter into contracts for the benefit of both parties.
Palimony: Support After Cohabitation
Cohabitation laws in California dictate that those living together are not considered married, even if they hold themselves out as husband and wife. And while a divorce and a marital separation are often fraught with battles over assets, debts, children, and (sometimes) love, a cohabitation relationship often ends with little financial recourse following the end. Even as cohabitating partners come and go from shared residences, keep separate income, and live independently, many later face what is referred to as a "palimony" issue. And although "Palimony" is generally a vague term used to describe support of one partner by the other after cohabitation has ended, there are ways to formalize the arrangements. Even if the parties have no legal obligations to care for one another, they are still free to make these rights legal if they have been made in writing. The courts are now willing to enforce written contracts for financial support between unmarried cohabiting couples. In addition, a court may force the party that does not earn as much money to pay the other a fixed amount of financial support (or "palimony") each month . Either party to an unsupported cohabitation relationship may be forced to provide this support. A court will look at each case on its own merits and look at many different things, including: when the support payments should end; if the receiving party has attempted to become self-sufficient; and the length of time the parties cohabitated together. Some of the more well-known cases have held that palimony should be awarded where it is deemed appropriate. Of course, these laws vary from state to state, with some states recognizing common law marriage, where others do not, and many a judge in California has ruled that a finding of palimony is inappropriate, due to either the lack of intent on the part of the parties to create a marital type relationship, or due to the lack of any evidence that the parties created or agreed to a financial arrangement or duty similar to that of a husband and wife. v. Brown, 216 Cal.App.3d 1110. In addition, many courts have refused to find that cohabitation grants a claim to alimony, where the parties have not agreed to such a result.
Draft a Cohabitation Agreement
A cohabitation agreement is a contract entered into by couples who are living in a consistent sexual relationship without having been married. They are similar to prenuptial agreements, but instead of addressing issues before the marriage, they discuss what will occur if the couple splits up. Cohabitation agreements are not legally required in California, but they are advised because not having one may leave the couple with the laws of the state to help them resolve questions about property and debts if they were to separate.
There are distinct benefits to creating a cohabitation agreement, as they can help the couple cover the following main points in writing:
The terms included in a cohabitation agreement should be mutually beneficial to both parties. Couples may not anticipate having a change in their relationship, but if they do, the cohabitation agreement can help them determine who gets what. Some key components may include property designation, rights to shared property, who pays which expenses and how much, and the method of resolving any disputes that result.
Cohabitation agreements can be adjusted over time, as the clients see fit.
Get Legal Help When Cohabitating
Therefore, the "live separated and apart from each other" requirement under California Family Code Section 300 is quite broad and the couple does not have to live in separate places for their relationship to be unequal to one of marriage.
In the context of a divorce where the court has jurisdiction over deciding the issues related to dissolving the parties’ marriage, a couple has access to the divorce court to resolve their issues. In situations where a cohabiting couple may have only lived together when it was convenient for them to do so, or have no real ability to know what place they may call home, they need to understand the rights and obligations they are creating while living together in California.
In situations where a cohabiting couple separates, the court that has the jurisdiction to hear the case depends on where the partners were when the relationship ended. In situations that involve a contentious breakup, knowing where and how to get into court, and which court will resolve the issues , is an important part of making sure that the couple’s rights are protected.
While no one enters into a relationship thinking their relationship will end badly and having an attorney on retainer is no substitute for having good communication skills, relationships do not always work out as intended. Cohabitating couples should understand that while under some circumstances the law may treat them as married, in some ways the law may treat them as just roommates where they have few or no rights. Understanding these rights and obligations can be very confusing.
An attorney may be able to help cohabitating couples remain out of court by drafting agreements as an alternative to litigation. An attorney can also help cohabitating couples deal with disputes out of court via mediation.
Making sure that cohabitating couples understand their rights and obligations and knowing how to access the court system to resolve legal issues as needed is important for couples living in California.