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Commonly Asked Questions about Non-Marital Living Together Contracts

A cohabitation agreement is a contract for individuals who live together, outlining their rights and responsibilities. Learn how this legal protection can provide clarity for your living situation.
California does not have any specific cohabitation laws. There are no specific regulations in place for dividing the property of a cohabiting couple after a separation. The courts will not intervene to divide the property down the middle as they would for a married couple in a divorce case.
Domestic partnerships, sometimes called civil unions, are the primary alternative to marriage. In California, these partnerships grant many of the same benefits as marriage. They are specifically recognized relationships under the law that come with certain rights and responsibilities.
Cohabitation agreements are made between partners who want to live together but remain unmarried. They can include a provision about what should happen if the couple were to decide to get married. It could even state that the couple should draw up a prenuptial agreement at that time.
What is cohabitation? Living together with someone is also sometimes called cohabitation. A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership. Cohabiting couples can be opposite-sex or same-sex.
Cohabitation Agreements can be signed at any time: Pre (or ante) Nuptial Agreements are created in advance of the marriage or cohabitation. Some only take effect in the event of marriage while other agreements are entered into prior to marriage and continue in effect whether the parties are common-law or married. What Is a Cohabitation Agreement and Do you Need It? bmo.com services file content bmo.com services file content
Cohabitation Agreements Generally The cohabitation agreement should outline the division of property and financial obligations, establishing the fiduciary duty of each partner. This means that both parties have a legal and ethical obligation to act in each others best interests on financial matters.
When a couple chooses to live together but not enter into marriage, this arrangement is called cohabitation. A cohabiting couple is not bound within a legal contract, such as a prenuptial agreement or the marriage itself.
Like credit, debt is also tied to your individual credit history. So, whether youre married or unmarried, you arent automatically responsible for your partners debts.