San Francisco Matrimonial Law Attorneys
Cohabitation Agreements in San Francisco
The California Family Code does not afford the same protection to unmarried couples as it does to married couples. This means that in the event of a sudden death, unexpected illness, or even just a simple separation, committed but unmarried couples have no protection or rights in regards to property division, benefits, inheritances, or power of attorney. A cohabitation agreement can change that. By drafting and filing a cohabitation agreement with the court, an unmarried couple can ensure they have rights and benefits not afforded to them by state law.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal agreement between a non-married couple defining important aspects of the relationship. Cohabitation agreements can define terms of such aspects of the relationship as:
- Which partner maintains custody of any children in the event of a separation or death
- How child support will be paid in the event a separation
- Who has legal guardianship if one or both partners die or become incapacitated
- How property, money, or assets will be divided and distributed in the event of a separation or death
- Who has power of attorney in the event that one partner becomes incapacitated
- Who becomes conservator of the estate in the event a partner dies or becomes incapacitated
- How inheritances are to be distributed in the event of death
- If one partner is to pay support to the other partner in the event of a separation
Who needs a Cohabitation Agreement?
Cohabitation agreements are valuable tools for same-sex couples and heterosexual couples who chose to share their lives to together but do not wish to marry. Just because the family code does not offer the same rights, benefits, and protection to these couples, does not mean they cannot take matters into their own hands to ensure their loved ones are protected in the future. Filing a cohabitation agreement also lets non-married couples account for their assets and property in the event of a separation.
Contact a San Francisco Matrimonial Lawyer
If you are unmarried but in a committed relationship, a cohabitation agreement is something you should strongly consider. You never know when you and your partner may split or when an illness or injury will suddenly take your loved one away from you. Without a cohabitation agreement, the law may view your partner as a stranger. Having a valid cohabitation agreement drafted, signed, and filed with the court is the best way to ensure the people you love are protected in the future, and that your rights to property shared with your partner are not violated or overlooked. Our San Francisco matrimonial law attorneys have experience helping many non-married couples draft cohabitation agreements, and can do the same for you. In addition, having a cohabitation agreement on file that clearly state’s your wishes will save you and your loved ones from the hassle and headache of litigation or probate court.
Contact San Francisco Matrimonial Law Attorney at our firm today! |