More couples than ever are choosing to live together without getting married. While cohabitation can offer many benefits, it also raises important legal questions—especially regarding assets, property, child custody, and visitation rights should the couple separate. Unlike married couples, cohabitating partners do not have the same legal protections under family law, which can create challenges if the relationship ends. If you and your partner have lived together for years but never married, here’s what you need to know about your rights and legal options.

Division of Assets and Property 

Unlike married couples, cohabitating partners in California do not automatically share ownership of property or assets acquired during the relationship. California is a community property state, meaning that assets and debts are generally split equally between spouses in a divorce. However, this rule does not apply to unmarried couples.

Without a written agreement, each person keeps the property in their name, even if both contributed to its purchase. This means that if you and your partner bought a home together but only one of you is on the title, the other partner may have no legal claim to the property in the event of a separation. The same applies to vehicles, bank accounts, and other major purchases.

One way to protect your financial interests is by creating a cohabitation agreement outlining how property and assets will be divided if the relationship ends. If you contributed financially to a home, business, or other assets in your partner’s name, you may need to take legal action to seek reimbursement.

Child Custody and Visitation Rights

If you and your partner have children together, separating without a clear custody arrangement can be challenging. In California, unmarried parents have the same rights and responsibilities toward their children as married parents. However, establishing custody and visitation can require additional steps.

If both parents are listed on the child’s birth certificate, they each have legal parental rights. However, if one parent is not legally recognized as the child’s parent, they may need to establish paternity before seeking custody or visitation rights. Either parent may petition the court for paternity to be established or for custody, visitation, and child support.

California courts prioritize the best interests of the child, meaning they will consider factors such as each parent’s ability to provide a stable home, the child’s relationship with each parent, and any history of domestic violence or substance abuse. If parents cannot agree on a custody arrangement, the court will decide.

Financial Support After Separation

Unlike in a divorce, cohabitating partners do not have the right to spousal support (alimony) if they separate. This can create financial difficulties, especially for a partner who may have been financially dependent on the other.

However, the custodial parent may be entitled to child support if children are involved. California law requires both parents to contribute to their child’s financial needs, regardless of marital status. The amount of child support is determined by a formula that considers both parents’ incomes, the amount of time each parent spends with the child, and other financial factors.

If one partner provided financial support to the other throughout the relationship but the parties never legally married, seeking financial compensation can be challenging. Courts sometimes recognize “palimony” claims (a form of support for unmarried partners). Still, these cases are rare and usually require a written or implied agreement showing that one partner promised to provide lifelong support.

Protecting Your Rights as a Cohabitating Couple

If you and your partner are living together without marriage, planning ahead is essential to protect your rights and financial interests. Some steps you can take include:

• Creating a cohabitation agreement that outlines how property, assets, and financial responsibilities will be handled if you separate.
• Keeping clear records of financial contributions to shared property, businesses, or joint expenses.
• Establishing paternity if you have children together to ensure both parents’ rights are legally recognized.
• Working with a family law attorney to navigate property disputes, custody arrangements, and financial support after separation.

At JWB Family Law, we help cohabitating couples understand their legal rights and take proactive steps to protect their future. If you have questions about property, custody, or financial support after a breakup, our experienced attorneys can provide the guidance you need. Call JWB Family Law at (619) 777-5843 to discuss your situation and explore your legal options.