Unmarried couples often face challenges when it comes to dividing shared property. Unlike married couples, who are protected by marriage laws and can use divorce procedures to divide assets, unmarried couples lack legal safeguards. Understanding how the law views shared property can help these couples avoid costly disputes down the road.
Property ownership and cohabitation agreements
For unmarried couples, property ownership depends on whose name is on the title or deed. If both partners are listed on the ownership documents, they typically share the property equally. However, if only one person’s name appears, the other partner may not have any legal claim to the property unless they can prove a financial or personal contribution to the property’s acquisition or improvement.
To avoid future conflicts, unmarried couples should consider signing a cohabitation agreement. This legal document can outline how assets and debts will be divided if the relationship ends, ensuring both parties are clear on their rights.
Common property disputes
Disagreements often arise over shared property when an unmarried couple breaks up. Common issues include dividing the contents of a shared home, such as furniture, electronics, or vehicles. In these cases, the person who paid for the items or whose name is on the purchase agreement may have a stronger legal claim. However, if both individuals contributed to the property’s upkeep or purchase, a court may intervene to make a fair determination.
Protecting your interests
Unmarried couples should take steps to protect their financial interests by keeping clear records of their contributions to shared property. If a dispute arises, it may be necessary to seek legal advice to determine who has the right to claim the property. Establishing a cohabitation agreement beforehand can reduce complications and provide a fair solution in case the relationship ends.
