If you’re separating from a partner you’ve been living with, you may be wondering what legal rights you have. California cohabitation laws help provide structure for unmarried people to divide property fairly and move forward with the next chapter of their lives. Keep reading to see how these laws may affect you and how to find a qualified family lawyer in San Mateo, CA you can trust.
Understanding California Cohabitation Laws
Cohabitation vs. Common Law Marriage
Cohabitation is when two people live together as partners without getting married for an extended period of time, usually more than 10 years. Common law marriage is when a state gives those partners the same or similar rights as a legally married couple. California is one of many states that don’t allow this, and currently only Colorado, Iowa, Kansas, New Hampshire, Montana, Texas, Utah, and Washington D.C. do.
Cohabitation vs. Domestic Partnerships
Even though common law marriage isn’t recognized in California, couples have the option of a domestic partnership. Between 1999 and 2020, domestic partnerships were typically only used by same-sex couples who wanted to enjoy the same privileges as opposite-sex couples, like tax benefits and inheritance rights. However, the state updated its legislation to include any couple who were living together and wished to apply.
How Does California Determine Cohabitation?
In order to be considered cohabitation, your relationship must meet certain criteria established by the state. For example, you must be able to prove that you lived together, how long you lived together, and the nature of your relationship while living together. Typically, this is done by showing that both partners had the same physical or mailing address for a period of time, purchased property together, and provided financial contributions to the household they shared.
Your Rights When Separating After Cohabitation
If you did not apply for a domestic partnership and are separating after cohabitating with your partner for several years, you still have the right to:
Your Own Property
Any property that you owned before your partnership and any that you purchased during the cohabitation period are yours to keep, regardless of how long you lived with each other. Unlike marriage, where any assets accumulated during the relationship are subject to equitable distribution, only property that has been specifically designated as shared can be divided between you and your former partner.
Property You Share
If you share property or assets with your partner, you have the right to half of the item’s value when you separate. For example, if you purchased a home together for $300,000 before your split, you would each have the right to $150,000. Note that this also applies to debt, so if the house isn’t paid off, you would owe $150,000 or half of whatever is still left on the mortgage.
Often, separating couples will sell the house and use the proceeds to pay off any remaining debt. If there is any money after that, you are required to split it equitably with your ex. Remember that equitably doesn’t necessarily mean equally, and you (or a judge) can decide what’s fair. This could look like one partner taking the house and the other taking jointly purchased property of equal value, such as a combination of vehicles, stocks, and savings.
Time With Your Children
When you have children with someone, you each automatically have the right and responsibility to spend time with them and financially support them. Whether or not you and your partner ever legally married, custody issues are handled mostly the same way as a divorce. However, California requires unmarried parents to prove paternity before visitation and child support can be ordered. Married opposite-sex parents don’t have to do this since the husband is assumed to be the father.
Can I Get Alimony?
While “alimony” itself technically isn’t available when two unmarried people separate, “palimony” is. However, it’s essentially the same thing. Palimony compels the higher-earning partner to provide financial support to the lesser-earning partner for a period of time after their separation, even though the couple was never formally married.
This is based on the judge’s decision in the landmark Marvin v. Marvin case, where it was legally recognized that people who cohabit with one another in a marital-style relationship may have financial responsibilities to the other when the partnership ends. However, the lesser-earning partner must be able to prove that they had agreed in writing or by implication that financial resources would be shared or that one partner would provide complete support for the other.
Protecting Yourself From Future Issues
If you are just entering into a relationship where you will be living with your partner, you can protect yourself from potential problems in the future by creating a cohabitation agreement now. This is a legally binding document that, like a prenuptial agreement, outlines exactly who gets what if you separate.
What Should a Cohabitation Agreement Include?
- Who handles the finances
- Who earns money and how much
- How income is allocated
- How you will retire
- What happens if someone is incapacitated
- Who gets the house in a separation
- Who gets shared pets
- If palimony will be paid
How to Find a Family Lawyer in San Mateo, CA
When looking for a family lawyer in San Mateo, CA to help with your case, keep the following in mind:
Local Expertise
Working with an attorney who has significant experience representing families in your area is invaluable and can give you a competitive edge when negotiating your case. Our lead attorney, H. Yvonne Seeley, has spent more than 30 years practicing exclusively in San Mateo County.
Impeccable Customer Service
We know that you rely on us to give you critical information about your separation during a highly stressful time. That’s why we strive to return emails and phone calls within 24 hours and give you the personalized, one-on-one attention that a larger firm can’t. Our attorneys work with you to outline your needs, understand your expectations, and go above and beyond them to deliver immaculate service.
Good Affordability
When cost is a concern, you can trust us to help you tailor your legal representation to your budget. We look for the “path of least resistance,” so to speak, to help you save time and money while still zealously pursuing your desired outcome. When litigation is unavoidable, we’ll continue to press for a settlement that works in your favor in order to keep your costs low while resolving your dispute.
Aggressive Trial Representation
If your best-case-scenario is most likely to be achieved by going to trial, we’re ready to step into the courthouse. We scrupulously examine evidence and prepare for your hearing in advance, so we’re never surprised by what the other side brings to the table. If you have privacy concerns, we will advocate for your case to be heard by a private judge.
Are you separating from your partner of many years? Your future depends on how you handle things now. Contact us at Seeley Family Law Practice in San Mateo, CA today to learn more about California cohabitation laws or to schedule your initial case consultation.