FAQ · Cohabitation Agreements

Cohabitation agreements in California

What they cover, why unmarried partners need one, and what happens if you don't have one.

Who This Is For

If you share a home with someone you're not married to, this is for you.

Cohabitation agreements aren't only for romantic partners. Anyone sharing property or expenses without the legal framework marriage provides can benefit from putting the arrangement in writing.

Unmarried partners

Friends buying together

Siblings & family co-owners

Chosen family

What's Inside

What should be included in a cohabitation agreement?

Common terms we cover when drafting your agreement:

01

Property ownership

Who owns what, in what shares, and how ownership is documented on title.

02

Debt responsibility

Who is responsible for the mortgage, loans, and any debts tied to the property.

03

Expense sharing

How monthly costs, repairs, and improvements are split between you.

04

Support obligations

Whether either person owes the other financial support, and on what terms.

05

Child custody arrangements

Where relevant to your family, coordinated with your broader plan.

06

Conflict resolution

How disagreements get settled — without ending up in court.

The Risk

What happens if we don't have one?

Without a cohabitation agreement, the law may not recognize shared ownership or financial obligations, leaving partners unprotected in the event of a separation.

A written agreement settles all of it in advance, while everyone still likes each other.

Common Questions

Frequently asked questions

What is a cohabitation agreement?+
A cohabitation agreement is a legal contract between unmarried couples who live together. It defines each partner's rights and responsibilities regarding property, finances, and other important matters during the relationship and in case of separation.
Why do I need a cohabitation agreement?+
A cohabitation agreement protects your interests by clarifying asset ownership, financial obligations, and property division. It minimizes disputes if the relationship ends, ensuring fairness and legal clarity.
Are cohabitation agreements legally binding?+
Yes. When properly drafted, signed, and supported by independent legal counsel, cohabitation agreements are legally binding and enforceable.
Can a cohabitation agreement be updated?+
Yes. Couples can revise the agreement if their circumstances change, such as purchasing property together, having children, or experiencing financial shifts.
How do we create a cohabitation agreement?+
Consult a real estate attorney to draft a legally sound agreement tailored to your needs. Schedule a consultation today for personalized legal advice. See how co-ownership fits into our real estate services →