In today’s world, more couples are choosing to live together without the legal ties of marriage. Enter the cohabitation agreement, a contractual arrangement for partners who are not married or registered as domestic partners but wish to outline their rights and responsibilities while living together. Commonly known as a Marvin agreement—named after the landmark case Marvin v. Marvin (1976)—these agreements provide legal recognition to the unique arrangements of couples who share their lives without the formalities of marriage.

What is a Cohabitation Agreement?

A cohabitation agreement can be oral or written, and it may encompass express or implied terms. It serves to delineate personal financial matters such as the payment of household expenses, income sharing, and property co-ownership. Additionally, these agreements can outline support obligations, often referred to as “palimony.” However, it's important to note that California does not recognize common law marriage, which means that simply living together does not create marital rights. If a couple enters into a common law marriage in another state, however, California must recognize it.

Practice Tip: While common law marriage isn’t recognized in California, a Marvin agreement can still be implied through the parties' conduct. This means that even without a formal written agreement, you might still pursue a civil action based on the established cohabitation terms.

Why Consider a Cohabitation Agreement?

As couples navigate shared living arrangements, a cohabitation agreement can help clarify expectations and prevent future disputes. It's especially beneficial for couples who may have different financial backgrounds or for those who want to protect their individual assets. Drafting a solid agreement not only promotes transparency but also fosters a healthier relationship dynamic.

At M.C. Law, P.C., we understand that every relationship is unique, and our experienced team is here to help you draft a cohabitation agreement tailored to your needs. By outlining your rights and responsibilities clearly, you can enjoy peace of mind knowing that your interests are protected.