Mens Family Law & Divorce Attorneys San Diego

San Diego Family Law Attorneys
Helping Cohabitation Couples

A higher number of people than ever before are living together as couples without actually getting married.  While this may seem somewhat normal in the eyes of society these days, it is not a normal situation when it comes to California law should the couple ever decide to go their separate ways.  When this situation arises, someone who is working towards the end of a relationship should seek the immediate help of experienced San Diego family law attorneys.  Below is an overview of this issue.

What is Cohabitation in California?

The best way to define cohabitation is to explain what it is not.  Many people mistakenly believe that cohabitation is the same as what's known as common law marriage.  Some jurisdictions still recognize the concept of common law marriage, which basically states that if a couple lives together as though they were married for a certain amount of time, they will be treated as a married couple should they ever decide to separate.

That is not the case in California.  There is no tangible distinction made between people who live together and couples who do not live together.  Therefore, in the absence of some agreement, moving on in an equitable manner can be a difficult process.  That's why those who enter into this arrangement should take steps to take care of themselves so that an intense conflict can be avoided should the situation not work out in the future.

How Can Rights Be Protected in a California Cohabitation Situation?

There are at least two ways in which the parties to a California cohabitation can be legally protected in this situation.  The first and most common is to execute a cohabitation agreement.  This agreement is basically a legal contract that provides for the specific rights provided for each party in terms of property division, support or any other issues that could arise should the couple ultimately separate.

If there is no cohabitation agreement, then the only remaining choice is to initiate what's known as a palimony, or a "Marvin" action.  This step is taken in order to prove to a court that the partner who seeks support and an equitable division of property should be awarded that equity based on evidence that's offered.  Examples of this evidence include the quitting of a job to handle domestic duties or contributing to assets that are held in the name of the other partner.  However, these actions can be difficult for the party that seeks this relief.

How San Diego Family Law Attorneys Can Help

If you are cohabitating with someone and you're concerned that your legal rights may not be properly protected, you need to seek the help of San Diego family law attorneys who can help you either protect your rights or fight to enforce them.  Contact the law offices of James D. Scott today to schedule an initial consultation.