What are the legal implications of living together before marriage?

Living together before marriage carries certain legal implications that should be taken into consideration in California. There are no legal implications from simply living together, as in the eyes of the law, couples are not considered to be legally married simply by living together. That means that neither person has any legal claim to the other person’s assets. Anything either person acquires during the period of living together is considered to be owned solely by that person and thus is not subject to division in the event of a separation. The legal implications of living together before marriage can become more complicated if the couple has children in California. If the couple has children while living together, they are both responsible for their support, much like married couples. In the event of a separation, the court may award child support and custody in the same manner as it would in the event of a divorce. Cohabitation also has the potential to create contract and tort law issues. For example, if one partner is financially supporting the other while they are living together, he or she may be able to sue for breach of contract if the other partner stops contributing. Additionally, either partner may be able to sue the other for any injuries sustained as a result of one partner’s negligence or recklessness during the period of living together. Considering the potential legal implications of a cohabitation arrangement, it is important for couples to consider the risks of living together before marriage and take steps to protect their individual rights. It is a wise decision to have a written contract outlining the expectations and rights of each partner before entering a cohabitation agreement.

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