Non-Marital Relationships: Cohabitation Rights

Posted September 14, 2021

In California, marriage is a legally binding contract between the spouses, establishing fiduciary duties and altering their property rights. California does not have “common law marriages,” meaning you cannot become married without following the specific legal procedure to enter marriage.

Often, couples live with each other for extended amounts of time, sharing bank accounts, acquiring property, supporting one another, and engaging in many different types of transactions. Upon a breakup, the interconnectivity of their lives may create substantial challenges for one or both parties. With that being said, how are a person’s rights affected if they cohabitate with someone for an extended period of time?

Non-marital relationships, and non-registered domestic partnerships, generally are not governed by the Family Code, no matter how long the relationship exists. The 1976 case, Marvin v. Marvin, confirmed that unmarried cohabitating couples may make express or implied agreements with each other during the time they cohabitate, and that the courts can enforce these contracts.

These cases are not handled in Family Court—the cohabitants must bring their claims in general civil court. Common claims include agreements to share earnings and acquisitions, and provide support.

People do not need to live together full time to show cohabitation, part time cohabitation may be enough depending on the facts of a case (convenience, custom, geographic considerations). However, the claimant must show a stable relationship arising out of the cohabitation.

If you or someone you know have recently exited a cohabitation agreement, you should seek a consultation with an attorney to understand if a breach of express or implied contract has occurred, what rights to enforcement you may have, and how soon you must file for your claim to be valid.

Further Reading » Separate Property Or Community Property?

It is important to know your rights, responsibilities, and options regarding the marital contract. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Common Law

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.