financial risk of living together unmarried in California ?

[atrisk]

My girlfriend & I currently live in California, although at separate addresses. I am considering to have her move into my house, which I own. I also have significant other assets. Her net worth is however quite insignificant. Before she moves in, I am trying to ensure that I am protected in the worst case that we break up before marriage, and she tries to get $$ from me. e.g. she moves in 1.5 yrs later we are still unmarried, and we decide to break up, and she moves out. Am I at risk of her taking any of my assets ?

 

[vrzirn]

Of course you are at risk and the longer you live together the greater the risk. She may not get anything but it will cost you a lot in attorney fees. Remember "palimony"?With tongue-in-cheek I suggest the following: have her sign a lease as a room-mate and make sure she pays rent.
On a serious note, it would be wise if you do not have her name on any of your credit cards or open any joint checking accounts or cosign on a car; be aware that anything you give her is a "gift".
If you do decide to marry her let an attorney draw up a pre-nuptial agreement.
Statistics show that the rate of divorce is no less when you have a "trial marrigage". Without the security of marriage she will always feel at a disadvantage, emotionally as well as financially.Having to always wear "party manners" is exhausting. Eventually, there will be resentment. Don't waste too much of her time while you are making up your mind and worrying about your money. You will both be happier if she is a real partner.

 

[atrisk]

Thanks for your advice. Your mid-paragraph comment "On a serious note" confuses me on whether you are serious or not in your previous sentence. Are you serious when you suggest a lease agreement, and rent, or not ?

Is it true that in California, there is no "common-law" legal right of one partner to claim 1/2 of assets after some amount of time living together when unmarried(e.g. 1 yr) ? I'm originally from Canada, and I believe there it was 1 year, and then this "common-law" marriage contract was a reality.

Thanks again

 

[vrzirn]

There is no common-law marriage in California.
I was half serious when I said have her pay rent. It would certainly protect your legal position but can you really imagine her doing that? That would be the end of the romance! Sleep with you and pay rent. If you were showering her with diamonds then perhaps you could talk her into it. No CZ-the real thing.

 

[april15]

I'm in a similar situation, but live in PA which is a common
law state. We've been together 3 yrs and have joint accts
and live together as if we were a married couple, except
we don't have a marriage license or same last name. How
vulnerable am I and how can I protect my assets?

 

[sameome]

Similiar Situation in CA

My bf of 10 years and I bought a house together first in 8/97 and sold it and got a bigger one in 7/00. Now he wanted to break up and sell the house, since the house is joint tenancy supposedly we split the money after the sale.

I just found out he's been cheating on me, is it possible to use this as legal ground to keep the house and have him still pay half of the mortgage payment and property tax even if he moves out.