What Are the Property Rights of an Unmarried Couple?
Unmarried couples often assume they share the same rights as married couples—especially when it comes to property acquired during the relationship. Even after years together, they may believe jointly used assets belong to both partners equally.
However, in California, unmarried partners don’t automatically have a legal claim to each other’s property, which can lead to unexpected disputes if the relationship ends.
California Does Not Recognize Common Law Marriage
California’s community property laws make the presumption that all assets and income acquired by a married couple during the marriage belong to both spouses. Each spouse owns a 50% interest in marital property. The presumption is rebuttable, so a spouse can provide evidence that an asset is not community property.
Some states recognize common law marriage. If a couple has lived together as a married couple and held themselves out to be spouses, the state may recognize the couple as being common law married.
Therefore, the couple would enjoy the same rights as a legally married couple. Since California does not recognize common law marriage, an unmarried couple cannot claim community property rights.
How Do You Determine Property Ownership for an Unmarried Couple in California?
By default, the owner is the person who inherited the property or purchased the asset. Generally, if the property was purchased during a relationship, the person who paid the bill or made the payments is presumed to own the asset. However, this is a rebuttable presumption.
A partner may file a legal action claiming an interest in the property. The person would need to provide evidence that joint funds purchased the asset or made the loan payments. Evidence of joint ownership might be an agreement between the parties of their intention to own the property equally.
Property disputes between unmarried couples can become complicated court battles. The best way to address property rights is at the beginning of your relationship. Entering into a written agreement can avoid a costly, lengthy court battle over property rights if you decide to end the relationship.
Negotiate a Cohabitation Agreement to Resolve Property Rights
Cohabitation is the term used to describe two parties living together as unmarried partners or spouses. Generally, when an unmarried couple lives together, it may be presumed they intend to share duties and obligations as if they were married. However, that presumption can be difficult to prove if it is not in writing.
A cohabitation agreement is a written contract between two partners. The partners may be unmarried, married, or domestic partners. The agreement is binding and enforceable in court. Therefore, unmarried couples can use cohabitation agreements to negotiate property rights and resolve financial issues in the event they decide to end their relationship.
Issues covered by a cohabitation agreement include, but are not limited to:
- Property Division
- Financial Responsibilities
- Debt Allocation
- Dispute Resolution (e.g., mediation, arbitration)
- Support Arrangements
Because a cohabitation agreement is a contract, it is wise to consult an attorney when negotiating and drafting the agreement. An attorney ensures you are not taken advantage of during the negotiations, such as being subject to threats or coercion. Your lawyers protect your rights and interests while ensuring the agreement is valid and legally enforceable.
Do I Need a Cohabitation Agreement if My Partner and I Are Not Married?
You are not required to enter a cohabitation agreement to live together in California. However, you should consider a cohabitation agreement to simplify property division if you end the relationship.
Other reasons you may need a cohabitation agreement include:
- You have substantially more assets and income than your partner
- You have business interests and investments you need to keep separate
- You are contributing to the debts of your partner, such as paying mortgage payments or car loans for assets titled solely in their name
- You have a child from a previous relationship, and you need to protect them
- You plan to leave the workforce to become a full-time homemaker or parent
A cohabitation agreement is especially important if you have significant assets, support obligations, or children to protect.
Have questions about property rights or cohabitation agreements in California? Contact our Los Angeles family law attorneys today for a case evaluation.
Contact a Los Angeles Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
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Los Angeles, CA 90013
(213) 277-2586
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Beverly Hills, CA 90212
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