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Marital and Cohabitation Agreements


For those contemplating marriage, we prepare Prenuptial Agreements and/or Separate Property Trusts. And, couples who cohabit but don’t plan to marry are wise to enter into a Cohabitation Agreement.

A Prenuptial (or Premarital) Agreement is a contract between couples contemplating marriage. Since California is a Community Property State, the rights and liabilities of married couples are very specific under the California Family Code, which treats the marital unit like a partnership. A Prenuptial Agreement contracts out of the community property scheme, and allows a husband and wife to stipulate about spousal support, property rights, inheritance rights, debts, etc, at time of dissolution or death, and minimize the weight of the family court and case law on the consequences of divorce.

A Co-Habitation Agreement is a contract set up by persons living together but not contemplating marriage, in which they define their rights, responsibilities, and liabilities arising out of cohabiting together and often – investing in assets together.

A Community Property Agreement, and/or a Marital Agreement is a contract entered into by married couples who wish to define their property rights, liabilities and responsibilities after marriage. It is utilized by those who never entered into a Prenup, or by those who do have a Prenup, but wish to modify its terms.

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