Welcome to the Law Offices of Oceanside Attorney Joseph Battle Carnohan. A highly knowledgeable lawyer, Mr. Carnohan has been representing individuals in a broad spectrum of Family Law related issues for more than 27 years.
If you are living with your partner but are not married, it is essential that you protect your financial interests via the use of a Cohabitation Agreement drafted by a knowledgeable and experienced lawyer. Many couples do not realize that this is an option, and if they decide to part ways, they may find themselves in the unenviable position of attempting to divide their assets and debts without benefit of legal intervention to protect their rights.
Oceanside Cohabitation Agreement Attorney Joseph Battle Carnohan possesses extensive experience reviewing and drafting these agreements to ensure that the rights of each party are fully safeguarded. The existence of a cohabitation agreement will allow the Court to intervene should a dispute arise regarding the division of assets and debts.
For information about obtaining an enforceable Cohabitation Agreement, please contact the Law Offices of Oceanside Cohabitation Agreement Lawyer Joseph Carnohan by calling (760) 722-
During your consultation, Mr. Carnohan will thoroughly review your concerns and objectives, and will advise you about how best to protect your interests. Dedicated to providing personalized representation, all calls and emails will be answered quickly. Call today to obtain answers to all of your questions.
Most unmarried couples do not realize that they have the option to set a Cohabitation Agreement in place should they eventually decide to part ways. Doing so will protect both parties, and fully set forth the rights, duties and obligations of each individual. If one party to the relationship is exceedingly wealthy, they may find themselves being sued for Palimony, a precedent that was set by the California Courts during the 1980s.
Under California Law, there are three categories of enforceable agreements between unmarried individuals who are living together. These include implied, oral and written agreements.
Implied agreements are based upon the conduct of the parties. If promises for future support have been made, the court may find these promises enforceable even though they have not been put in writing. This leaves the wealthier party to the relationship financially vulnerable, as either a judge or jury must interpret the promises made after the fact.
Oral agreements are just that – agreements made between the couple while cohabitating that have not been reduced to a writing. As with implied agreements, the facts of these cases are generally left open to interpretation should litigation arise. The outcome may be less than favorable for the individual who made promises of future support or the gifting of certain property, including real property.
Written Cohabitation Agreements, properly executed and signed by both parties, offer protection against unreasonable or false claims of future support. By entering into a Cohabitation Agreement, individuals are ensuring that they maintain control over their financial futures rather than leaving a judge or jury to decide their intentions.
As with marital agreements, the terms of future support and the division of assets and debts are reduced to a writing by an attorney. Prior to signing the agreement, the supported party should meet with their own lawyer who can review the Cohabitation Agreement and fully explain the terms should the relationship terminate. Seeking independent counsel to review the agreement may serve to prevent future litigation and claims of duress and unenforceability.
Oceanside Attorney Joseph B. Carnohan not only reviews and drafts Cohabitation Agreements, but also negotiates changes to the document to ensure that the rights of his clients are fully preserved and protected.
If you are presently living with your partner without benefit of marriage, please complete our Case Evaluation Form or contact the Law Offices of Oceanside Cohabitation Agreement Attorney Joseph Carnohan at (760) 722-
Conveniently located in Oceanside, CA, Mr. Carnohan represents clients throughout North San Diego County. Call today to learn how he can put his knowledge and experience to work for you. Proudly serving clients in a wide variety of Family Law matters since 1989, Lawyer Joe Carnohan has earned a reputation for excellence among his peers and will work diligently to protect your rights as part of an unmarried couple.