Why More Unmarried Couples in California Are Getting Cohabitation Agreements
- Sara Naheedy, Esq.
- Jun 18
- 2 min read
In California and across the country, more couples are choosing to live together without tying the knot. According to the U.S. Census Bureau, cohabitation has nearly tripled in the last two decades. And while that may reflect changing values and lifestyle choices, what hasn’t changed is this:
💡 Living together, especially while sharing property, finances, or debt: carries legal risks.
So what’s the smartest move for modern couples? A cohabitation agreement.
What Is a Cohabitation Agreement in California?
A cohabitation agreement in California is a legally binding contract between two people who live together but are not married. It lays out:
Who owns what (property, bank accounts, investments, pets)
How bills and rent/mortgage will be shared
What happens to joint assets if the relationship ends
Whether one partner has any financial obligations to the other
Think of it like a prenuptial agreement—just without the marriage certificate.
Why You Shouldn’t Skip It
Most couples move in together with the best intentions. But if the relationship ends, unwinding your shared life can get complicated, and costly.
Without a written agreement:
Your property could be disputed (who gets the house, furniture, or joint account?)
One partner may claim a right to the other’s assets
You may have no legal standing in court, especially if everything is in one partner’s name
In California, there's no automatic legal protection for unmarried couples—even if you've been together for years.
How a Cohabitation Agreement Protects BOTH Partners
Clarity – Know exactly who owns what and how shared expenses are handled
Protection – Avoid financial entanglements or surprise liabilities
Peace of Mind – Reduce the emotional and legal stress of a potential breakup
Fairness – It ensures both parties are on the same page—and treated fairly
It's not about planning for a breakup: it's being responsible with your life, your money, and your future, and the other person’s.
When Should You Get One?
Ideally: before or shortly after moving in together. But even if you’ve lived with your partner for a while, it’s not too late to protect yourselves. And if you’re:
Buying property together
Combining finances
Starting a family
Starting a business together
…an agreement is even more essential.
The Bottom Line
You don’t need a ring to plan your future. If you’re living together in California, a cohabitation agreement is a smart, proactive way to avoid painful and expensive disputes later.
Need Help Drafting or Reviewing an Agreement?
Sara Naheedy Law APC helps California couples protect what matters most—with legal clarity and compassion. 💼❤️
949-400-4956