What Rights Do Unmarried Couples Have in California?

Couples who share an intimate relationship can marry or reside together as domestic partners. While marriage accords several benefits to couples, a domestic partnership also has advantages and does not involve a feeling of permanency like marriage.

In this lieu, it is important to note that California doesn't have common-law marriage. Couples residing together are called cohabitants, and the union is termed as cohabitation. California law allows romantic couples to live in a domestic partnership. This union accords a similar status to the partners like married couples, but the rights therein are limited within the state. Federal laws don't recognize domestic partnerships, thus domestic partners do not enjoy tax or immigration benefits like married couples can in the US.

Rights of Unmarried Couples in California

Cohabitants do not have the same rights as married couples do but they still have certain privileges and obligations in California. Unmarried couples can establish rights similar to marriage by creating a cohabitation agreement. This agreement may include details regarding property division, spousal and child support obligations, and other issues once the relationship ends.

Regardless of how long the couple may have lived together, California law does not grant a legally married status to them. But, if a couple with a recognized common law marriage from another state resides in California, the state will uphold such marital rights. Understanding the California law regarding domestic partnership is essential for couples to make legal arrangements and have clarity regarding their relationship.

1. Rights Regarding Children

   California law considers the legal and moral obligation of parents to raise their children. This holds regardless of their marital status and whether the child is biological or adopted. When unmarried couples split, they will still have to raise their child. The court will analyze the child's needs and well-being and decide on their custody and support issues.

   The most significant difference between married and unmarried couples with children is that unmarried couples must establish paternity after separation. They may either agree to it, or the father may petition the court for a DNA test of himself, the child, and the mother. If the DNA test establishes paternity, the father may be granted custody rights according to the child's best interests. If paternity isn't established, he will not be granted custody or asked to pay support.

2. Rights Regarding Finances

   Unmarried partners in California cannot share bank accounts or investments. In separation, each individual retains their finances without any right to the other's.

   Similarly, there's also no legal obligation to pay alimony after separation. But, the couple may work out a support agreement between themselves once the relationship ends.

   If the couple have children together, the court will order child support to be paid by the non-custodial parent, except in rare circumstances.

3. Rights Regarding Property

   When unmarried couples separate, any property owned by a single individual will be their sole property. If the couple co-owned significant assets or property during the partnership, it would be divided equally, after they split.

   However, things become complicated if the asset is untraceable or without any paper trail (such as jewelry). One of the partners must prove that such property was co-owned to get their fair share. Working with an experienced family law attorney may be necessary in this scenario.

Cohabitation Property Agreements in California

A cohabitation agreement may be made by unmarried couples that outlines their financial rights and responsibilities in the event of a breakup or death. This is a legal contract similar to prenuptial agreements in marriage but is enforced in a civil court rather than a family court.

Essential components of a cohabitation agreement may include:

1. How will the couple share finances like bills, vacations, etc during the relationship?
2. How will real estate and other significant assets be divided when the relationship ends? These may include movable and immovable property, and may also extend to personal valuables like jewelry, art, family heirlooms, etc.
3. How will the couple handle finances in the event they don't share financial holdings but are willing to share the responsibility?
4. Other determinations if one party is incapacitated and cannot make decisions for themselves.

While cohabitation agreements aren't as comprehensive as prenups, they are essential for couples who want to protect their assets and do not want to get married. If you need counsel or help drafting a cohabitation agreement, consult a family law attorney.

Contact an Experienced Family Law Attorney in California

A domestic partnership is a way to share an intimate relationship without getting married. It is up to the couple to spend their lives with each other through marriage or a domestic partnership. While they may not have the same rights as married spouses, there are still ways to protect their assets and rights under the law. If you have any questions on how to defend your interests while in a domestic partnership, consult with a seasoned family law attorney at Jos Family Law.

Our law firm provides compassionate and tailored legal services to individuals and families in California. We can help you with child custody & support, asset division, alimony, and cohabitation agreements. We can also guide you on your situation and what to expect so you can make stress-free, informed decisions.

Schedule a free case evaluation with our attorneys to discuss your case and achieve your legal needs and goals. Call (714) 733-7066 or send an email to jos@josfamilylaw.com to get in touch.

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