Cohabitation Agreements

No two cohabitation agreements are identical. The right agreement depends on your financial situation, the nature of your relationship, and what you and your partner want to protect. That said, a well-drafted cohabitation agreement in California typically addresses the following:

Ownership of Property: The agreement should clearly identify what each party owned before moving in together and how property purchased or acquired during the relationship is owned. Without this, California courts have no default rule to apply, disputes over a jointly purchased home, vehicle, or investment account can become contested litigation.

Financial Contributions and Shared Expenses: How are rent or mortgage payments divided? Who is responsible for utilities, groceries, and household costs? Defining each party’s financial contributions during the relationship prevents misunderstandings and provides a clear record if a dispute arises later.

Joint Accounts and Investments: If you maintain shared bank accounts or invest together, the agreement should specify what each party contributed, how those accounts are managed, and how funds would be divided if the relationship ends.

Debt Responsibility: Unmarried partners can become liable for debts co-signed or incurred jointly. The agreement should address which debts belong to which party and what happens to any joint debt obligations if the relationship ends.

What Happens at Separation: This is often the most important section. A cohabitation agreement should specify how assets and property will be divided if the relationship ends, including any shared real estate, accounts, or personal property of significant value. It can also address whether either party has a right to financial support after separation, though this is not required.

Estate Planning Considerations: For clients with significant assets, a cohabitation agreement works alongside, not in place of, a comprehensive estate plan. The agreement can clarify financial expectations during the relationship, while a will, trust, or beneficiary designation addresses what happens in the event of death. Our attorneys frequently work in coordination with estate planning counsel to ensure these documents align.

What Happens If You Marry: If there is any possibility the relationship may lead to marriage, the agreement should address whether its terms survive. Without a clear provision, a cohabitation agreement is generally considered void once the parties marry, and a prenuptial or postnuptial agreement would need to be established separately.

What a Cohabitation Agreement Cannot Cover: Under California law, a cohabitation agreement cannot predetermine child custody arrangements or waive child support obligations. Family courts retain jurisdiction over decisions affecting minor children, and those matters are governed by the best interests of the child, not a private contract.

A cohabitation agreement can be as straightforward or as comprehensive as your situation requires. Our board-certified family law attorneys will take the time to understand your circumstances and draft an agreement that reflects your intentions and protects your interests, whether you need a simple written confirmation of an existing arrangement or a detailed contract governing a complex financial relationship.