Some couples live together without having any plans to get married or register as domestic partners. Common reasons that many couples chose to live together without any legal formalization of the relationship include the following:
· Erroneous belief that common law marriage is recognized in California
· Legal inability to marry (e.g., same-sex couples in California before 6/16/08, or after 11/5/08)
· Fear that marriage will result in disqualification from or reduction in certain benefits
· There is no final judgment terminating the prior marriage or registered domestic partnership of one of the parties
· View that marriage is an outdated institution
· After a number of marriages or registered domestic partnerships, a decision not to enter into a similar state-sanctioned relationship with their significant other
· A variety of personal, political, and economic reasons
· Belief that a marriage license or registration as domestic partners is not necessary for a couple to bond together in a lifetime commitment
· Same-sex couples who chose not to register rather than be subject to the same rights and obligations of married persons
Due to the matters that arise when living with another person in a committed relationship, some couples desire an agreement regarding the parties’ financial matters, such as the payment of monthly household expenses, co-ownership of assets and property, and income sharing. The agreement addressing these matters is known as a cohabitation agreement, or a Marvin agreement, named after a California Supreme Court case involving the rights and obligations of an unmarried couple. Although the court in Marvin stated that a cohabitation agreement could be oral or written and express or implied; for ease of enforceability, agreements should be written and expressly agreed to by the parties whenever possible. Even if parties do not want to take on any obligation for the other party, a written agreement specifying that can avoid a claim by the other party at the termination of the relationship that there was an express or implied contract created by past conduct or discussions.
Without a cohabitation agreement, parties who live together generally do not take on any obligations of property sharing or support, there will be no presumption by a court that the parties have any such rights or duties. Absent an agreement, each party’s property and earnings will be treated as though they had not been living with the other party. Any agreement will not be governed by family law, but instead will be treated like a business contract between the parties. To be enforceable, a cohabitation agreement must meet the requirements of contract law, including the requirement of consideration.
A cohabitation agreement can address the parties' respective interests in real and personal property acquired by both parties or by either party during the relationship, their interest (if any) in the income of the other party, their rights to financial support if the relationship ends, and their respective responsibilities for debts incurred before and during the relationship.
If you would like to talk to an attorney about any of the above information, or if you need help creating a cohabitation agreement, please contact Suzuki Wuori, LLP at 619-462-0995.
The materials appearing on this blog are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of Suzuki Wuori, LLP or any of its attorneys. Transmission or receipt of any information from this website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney.
