Q: Can partner leave & enforce even if no cheating occurs? Does this make possible for him to claim my assets if I die?

A: Your non marital relationship does not bestow any legal rights on either party to the other party's property. California does not recognize Common Law marriage. You two can enter into a co-habitation agreement if you want to (much like a prenup or post nuptial agreement), but you cannot be compelled against your will to divide up assets and your non marital partner is not legally entitled to inherit from your estate. In either case, an infidelity clause in a prenup or in a cohabitation agreement is illegal and not enforceable. Period.

A: In California, the fact that you are not married is crucial in determining how assets are handled. Without marriage, there's no legal presumption of shared property, meaning assets in your name generally remain yours alone. Your partner can leave the relationship at any time, as can you, without the need for any specific reason such as cheating.

Regarding your assets upon death, if you have not designated your partner as a beneficiary in a will or other legal instrument, your assets will not automatically go to him. Instead, they would be distributed according to California's laws of intestate succession, which prioritize biological and legally adopted children and other family members.

The agreement your partner proposes about splitting assets based on infidelity has no standing under California law for unmarried couples. Such agreements are typically relevant within the context of a marriage and are known as postnuptial agreements. In your situation, it's important to consider creating a will or trust to clearly outline how you wish your assets to be handled after your death, especially considering your child and any intentions you may have regarding your partner.