What You Need to Know About Cohabitation Laws in California
Couples who decide not to marry but choose to live together are classified by California law as cohabitating. Here is everything an individual living with their romantic partner needs to know about cohabitation laws in California.
Cohabitation in California does not have a standard definition, but it is generally defined as two non-marital partners who live together and share an intimate relationship. Cohabitation differs from marriage in several ways, and many of the rights that married individuals possess are not granted to individuals who are just cohabitating. However, there are scenarios where cohabiting individuals can obtain some of the same rights as a married couple, such as by becoming domestic partners.
The Difference Between Cohabitation and Marriage
The main difference between couples who are cohabiting versus married couples is that most family and property laws do not apply to the former. Here are some differences cohabitating couples face in regards to family and property laws.
Family Law & Legal Parentage
State family laws do not apply to cohabiting couples as they would normally would with married couples. Children that are born during the relationship of cohabiting parents do not have the same legal relationship with their parents as they would if the couple was married. In fact, the father of the child in a cohabiting relationship is not legally entitled to paternity. The mother is automatically determined to have legal parentage, but the father may be required to establish his paternity through tests or legal action. Furthermore, the father in a cohabiting relationship is not immediately legally required to support the child during the cohabitation. While they may do so voluntarily, they are not legally responsible for the child, which can make situations very complicated.
Property Law
California property laws do not apply to cohabitating couples the same way they would to married couples. For example, married couples who decide to end the relationship generally have to split the property equally, depending on what was acquired before the relationship and a few other factors. But couples who are cohabitating will also likely accumulate shared property over time, and this property is not legally protected as it would be if the couple was married. Thus, if separation ever is to occur between the couple, it may be difficult to determine how the property should be divided. This is why it is recommended for every couple that is cohabitating to sign a Cohabitation Property Agreement, so that if they should ever decide to end the relationship, there is a clear and instructive contract on how to split up the property that they share.
Related: California Cohabitation Property Rights for Unmarried Couples
Allocating Decision-Making Following Death or Disease
Death and illness can also become tricky for a couple that is cohabitating. They are not protected by the same inheritance laws and decision-making rules that married couples are. For example, if an individual in a cohabiting relationship suddenly passes away and has not included their partner in their will, unfortunately, the partner will not be entitled to any of their estates. In a marriage, the surviving spouse immediately possesses the legal right to inherit a portion of their deceased spouse’s estate, because they are joined in property. Additionally, if one partner in a cohabitating relationship falls ill or incompetent, their partner does not have the legal right to make decisions on their behalf. The responsibility would fall onto an immediate family member, unless the authority has been granted by a general power of the attorney. This differs greatly from a married couple, where this responsibility would fall directly onto their spouse because they are considered their most immediate family member.
Contact Us
If you have any more questions about cohabitation laws in California, contact us. We’ll get you in touch with an attorney that can answer any questions you may have and help protect your rights. Get your free consultation with one of our family law attorneys in California today!