Cohabitation Agreement

Cohabitation Agreement Lawyer in Walnut Creek: Protect Your Rights

Living together without getting married is more common than ever in 2025. In California, though, sharing a home doesn’t automatically give you legal rights the way marriage does. That’s where a cohabitation agreement comes in. It’s a legal contract between two unmarried partners that lays out how property, finances, and responsibilities will be handled, both while you’re together and if you break up.

A cohabitation agreement lawyer in Walnut Creek can help make sure that your agreement is fair, enforceable, and tailored to your needs. We serve Contra Costa and Alameda County, including Walnut Creek, Danville, Piedmont, Berkeley, Alamo, San Ramon, and other surrounding cities.

What Does a Cohabitation Agreement Do?

At its core, this kind of agreement sets expectations. It can address things like:

Key Provision

Purpose

Property Ownership

Clarifies who owns what and how shared property will be handled

Financial Contributions

Lays out how bills, rent, and other costs are divided

Financial Support

States whether one partner will support the other after a breakup

Rights to the Home

Addresses who remains in the home if the relationship ends

Dispute Resolution

Outlines methods for resolving disagreements, like mediation

It’s not limited to financial issues either. Some couples choose to include clauses about pets, debt responsibilities, or even digital assets.

California Law Doesn’t Automatically Protect Unmarried Couples

California is a community property state—for married couples. That means if you’re married, most assets acquired during the marriage are shared. But if you’re not married, the law assumes you keep what’s yours. That can be a problem if, say, one partner gives up a career to support the other, or if both partners contribute to the mortgage on a house owned by just one of them.

Without a legal agreement in place, courts have limited tools to help resolve these situations. That’s why more couples throughout Contra Costa County are turning to cohabitation attorneys to make sure everyone is protected.

Why It’s Worth Getting Legal Help

Even if your relationship is solid, a cohabitation agreement is about planning—not pessimism. It’s like insurance: you hope not to need it, but you’re better off having it.

Working with a cohabitation agreement lawyer in Walnut Creek ensures that:

  • The agreement complies with California law
  • Both parties fully understand the legal language and implications
  • There’s full financial disclosure, which courts look for when deciding enforceability
  • The final document reflects both partners’ wishes accurately

For couples with significant assets, real estate, or business interests, these agreements are especially important. A domestic partnership attorney can also explain how a cohabitation agreement compares to registering as domestic partners, which may bring limited legal benefits under state law but doesn’t fully replace a contract.

How It Works in Practice

Let’s say one partner owns a home, and the other moves in. Over the years, both contribute to renovations and expenses, but only one name is on the deed. Without a cohabitation agreement, the contributing partner might walk away with nothing, even after years of financial input. A well-written agreement can recognize contributions, assign equity shares, and prevent costly disputes.

What to Look for in a Cohabitation Attorney

Hiring the right lawyer means finding someone experienced in California family law and familiar with the nuances of unmarried couples’ legal rights. A qualified cohabitation attorney in Contra Costa County can draft a custom agreement based on your situation, not just a fill-in-the-blank template.

Look for an attorney who will ask the right questions, take the time to understand your goals, and guide you through the process clearly and professionally.

At Whiting, Ross, Abel & Campbell, we’ll help you put solid legal foundations in place, so you can focus on building your future with confidence. Reach out today to speak with a cohabitation agreement lawyer who understands how to protect what matters most.

 

FAQs

What is a cohabitation agreement, and why is it important?

A cohabitation agreement is a legal contract between unmarried partners that outlines property rights, financial responsibilities, and what happens if the relationship ends. It helps prevent disputes by making expectations clear from the start.

Can cohabitation agreements be enforced in California courts?

Yes, cohabitation agreements are enforceable in California as long as they’re written, signed, and based on full financial disclosure by both parties.

How does a cohabitation agreement differ from a prenuptial agreement?

A prenuptial agreement is for couples planning to marry, while a cohabitation agreement is for unmarried couples. Both serve similar purposes but apply under different legal frameworks.

The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Whiting, Ross, Abel & Campbell, LLP if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation.

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