California residents often have questions about the differences between legal marriages and cohabitation. Understanding these differences is important, especially if you’re cohabitating with a partner and want to protect your property and parental rights.
Contents
Legal Marriage vs. Cohabitation in California
Legal Marriage
In California, a legal marriage requires a couple to obtain a marriage license and have a ceremony conducted by an authorized official. Once married, spouses gain certain legal rights and responsibilities, including:
- Community Property Rights: All assets and debts acquired during the marriage are considered community property, meaning they are owned equally by both spouses.
- Inheritance Rights: Spouses have the right to inherit from one another, even without a will.
- Spousal Support: In the event of a divorce, a spouse may be entitled to financial support from the other.
- Parental Rights: Both parents in a legal marriage automatically have equal parental rights regarding their children.
Cohabitation
Cohabitation, on the other hand, refers to a couple living together without being legally married. In California, cohabitating partners do not receive the same legal protections and rights as married couples. Notably lacking all of the rights afforded to a legally married couple.
Protecting Your Property and Parental Rights While Cohabitating
If you are cohabitating with your partner and want to ensure your property and parental rights are protected, consider the following steps:
- Cohabitation Agreement: Draft a legally binding agreement that outlines the ownership of assets, division of property in case of separation, and financial responsibilities.
- Estate Planning: Create wills and trusts to ensure that your partner inherits your assets as you wish.
- Parental Agreements: Establish legal agreements that define parental rights and responsibilities. This can include custody arrangements and decision-making authority.
- Health Care Directives: Set up health care directives and powers of attorney to allow your partner to make medical decisions on your behalf if necessary.
While California does not recognize common law marriage, taking these steps will provide the legal protections that married couples enjoy. For personalized advice, consulting with an experienced family law attorney, such as those at Wade Litigation, can be highly beneficial. By understanding and proactively addressing these issues, you can better protect your rights and those of your partner.