5 March 2011 0 Comments Cohabitation for same sex couples in California ShareCohabitation is an arrangement where two unmarried people live together on a long-term basis in an emotionally and/or sexually intimate relationship. Same sex couples in California are free to live together and retain their individual rights. California does not recognize a common law marriage. California law does allow rights to both individuals in a cohabitation relationship - either by a written or oral contract - they are enforceable under the law. However, an oral contract is frequently difficult to prove. Cohabitation is a relationship that does not allow the parties involved to make medical decisions for each other. In addition, they cannot assume a partner's estate in the event of death. If you are living together with your partner and are not married, consider talking to an experienced Family Law attorney about creating a cohabitation agreement, which will define property rights and liability issues that exist in same sex relationships. It will detail your rights and obligations. In the event of a breakup or death, it will serve as legal proof in order to take care of legal matters.