Cohabitation and Domestic Partnership Agreements

California Domestic Partnership and Cohabitation Lawyer

Domestic Partnership and Co-Habitation

Same sex partners and cohabiting couples do not yet have the same rights as traditional married couples in California unless they take specific actions to maximize their rights. Linda S. Gross offers experienced assistance to clients in creating domestic partnership and cohabitation agreements.

Cohabitating Partners

California does not recognize “common law marriage” as a legal union which may result from a couple living together. If a couple, whether same sex or not, merely wish to live together but want a clear, mutual understanding of their financial commitments to each other, Linda recommends the parties enter into a cohabitation agreement. That way, if the relationship ends, the parties do not have expensive fights about who promised what to whom, and the action commonly known as a “Marvin” action may be avoided.

Domestic Partnerships and Same Sex Marriages

Effective January 1, 2005, same sex partners who register under the California domestic partnership law must follow the same process for divorce as traditional couples. However, because there is uncertainty in the law regarding these types of dissolutions, we recommend that couples work together on an agreement regarding shared property division, family businesses, parenting, and other issues through alternative dispute resolution processes such as collaborative law or mediation.

Child custody, child support, partner support and property division are all now available to same sex couples who wish to terminate their domestic partnership. However, because federal law does not yet recognize such couples, the tax consequences and other financial issues may be more complex than for a married couple. Their breakup can be more complex unless the parties entered into the equivalent of a premarital agreement. A domestic partnership agreement offers the same financial planning opportunity to same sex couples as a prenuptial agreement. We can help you arrange an agreement before proceeding with domestic partnership registration.

Contact our California Family Lawyer

Whether you have a domestic partnership or are cohabitating partners, creating legal agreements can help protect your future and secure an open and healthier relationship. For experienced legal assistance, contact our California domestic partnership and cohabitation agreement lawyer today.