{"id":3915,"date":"2023-06-25T23:54:08","date_gmt":"2023-06-26T06:54:08","guid":{"rendered":"https:\/\/provencherandflatt.com\/?page_id=3915"},"modified":"2023-08-18T03:52:47","modified_gmt":"2023-08-18T10:52:47","slug":"co-habitation","status":"publish","type":"page","link":"https:\/\/provencherandflatt.com\/family-law\/co-habitation\/","title":{"rendered":"Co-habitation Attorney in Santa Rosa, CA"},"content":{"rendered":"
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Have you and your partner ever wondered if you have the same legal protections as married couples despite your lack of a wedding ring? Couples who have been living together for a long time and consider themselves to be married are recognized as married in some states. Sadly, California is not one of them.However, unmarried couples in California may not have the same rights as married couples, but they still enjoy some privileges. A cohabitation attorney in Santa Rosa, CA, can help protect these rights and provide clear counsel.Founded in 2000 in Northern California, Embolden Law PC is the go-to firm for clients in Sonoma County and the greater Bay Area in all matters involving family law, business law, real estate, litigation, and more. Our skilled Santa Rosa family lawyers have worked in the legal field for many years. We are proud of the fact that we can help you find a solution as quickly as possible with the best possible results. Call our California law firm for free to discuss your case today!<\/p>\n
When two people who are not married decide to live together, they can make it official by signing a “cohabitation agreement.”<\/b> Like any other contract, it is a promise to do (or refrain from doing) something in exchange for something of value, known as “consideration.” <\/b>Otherwise, it’s just a promise to hand over a gift, and the law won’t enforce that.With the help of a co-habitation agreement, unmarried couples can determine in advance how they will handle their financial and property matters throughout the relationship and in the event of a breakup.Cohabitation has never been more prevalent. Here are just a few statistics, according to the 2010 Census:<\/p>\n If you are part of an unmarried couple who share a home, you are undoubtedly relieved to hear that you are not alone. This is not to say that you should disregard how legislation impacts your relationship.<\/p>\n A cohabitation agreement is intended to protect both spouses from the possibility of dispute and monetary damage in the unlikely event of a split or the sudden death of one of the partners<\/b>. It is especially important if one or both partners have substantial assets, real estate holdings, significant revenue, and\/or a large net worth.In California, a cohabitation agreement is a type of relationship contract with mutually agreed-upon terms that define demands, protect assets, recognize intangible contributions, and reduce litigation risk. These are some examples of topics that should be addressed in a contract:<\/p>\n The Family Code’s obligations, rights, and remedies regarding property and support are predicated on the existence of a valid marriage or legally recognized domestic partnership. Many people in California think that a couple is considered to have a common-law marriage if they have been living together for at least seven years. However, unless the marriage took place before 1895, no such period of time ever constitutes a common law marriage<\/b>, and common law marriage is no longer recognized in California.While common law marriage is not recognized by California law, it is treated the same way as any other marriage in California if it was legally established in another state. In California, partners who decide to end a common-law marriage must also follow the standard divorce process, just like they would with any other marriage.<\/p>\n You might be able to get married in California if you lived together in a state that has permitted common-law marriage<\/b> in the past. In order for California to recognize your common-law marriage, you and your partner must have met the requirements of the other state. Since these regulations vary from state to state, it is essential to speak with a family lawyer to determine whether you meet the requirements. Generally speaking, most states demand that you present yourself as married by filing tax returns jointly and using the same last name.<\/p>\n Whether you were not legally married or do not meet the requirements for common law marriage in another state, you may still be entitled to the same rights as divorced spouses. For example, if you have reason to believe you had a valid marriage, you may be eligible for financial assistance and asset division. It may be difficult to demonstrate that you had a reasonable belief<\/b>, especially if there was a technological issue during the wedding.<\/p>\n Since living-together agreements can be very specific and private, it is important to talk to an experienced family law attorney about them and make sure they are clear and can be defended. At Embolden Law PC, our family law attorneys understand the law about cohabitation in California and can help you write a customized living-together agreement that will govern your relationship and protect you if you ever get divorced.When looking for a cohabitation attorney, look for the following traits:<\/p>\n\n
What Is a Cohabitation Agreement in California?<\/b><\/h2>\n
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What is a common-law marriage?<\/b><\/h2>\n
Which States Allow for common-law marriages?<\/b><\/h2>\n
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What Are Unmarried Couples’ Rights in California?<\/b><\/h2>\n
Why do I need a California cohabitation attorney?<\/b><\/h2>\n
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