Moving in with your significant other is a big step in your relationship. It is important to have your rights and interests protected, especially in the event of unforeseen circumstances or relationship changes. This is where a cohabitation agreement comes in.
Cohabitation agreements in California serve to clarify rights, responsibilities and financial arrangements for partners living together, offering protection in case of breakup or changes. For the agreement to be legally binding and valid, it has to meet some specific criteria.
It should be written, not implied
For the document to be legally binding, it should be written, not implied. This means that the terms of the agreement must be clearly articulated in written form and signed by both parties. Oral agreements or informal understandings may not hold up in court. The agreement should also be comprehensive, covering key aspects such as property ownership, financial contributions, debt responsibilities and potential support arrangements.
Should not contain illegal provisions
A cohabitation agreement should not contain illegal provisions. This means that the terms outlined in the agreement must comply with applicable laws and regulations. Including illegal provisions, such as clauses that waive or limit child support obligations or attempt to regulate relationships considered meretricious, could render the entire agreement unenforceable.
It should be voluntary
All parties to the cohabitation agreement must enter into it willingly and without coercion. Each partner should have a clear understanding of the terms and implications of the agreement before signing. If any party feels pressured or forced into signing the agreement, it may be considered voidable and unenforceable. Therefore, it’s important for both partners to participate in the negotiation process openly and to seek legal advice if needed to ensure that their rights and interests are adequately protected.
If you’re considering entering into a cohabitation agreement, seeking legal guidance can help to ensure that the agreement meets all necessary legal requirements and adequately protects your rights and interests.
