Division of Property for unmarried couples

"Cohabitation" is the legal term for unmarried couples living together in a marriage-like relationship. Ordinarily, cohabiting couples cannot avail themselves of the divorce statutes when things go wrong. What are they to do, then, with jointly acquired property when parting ways?

The law provides for a legal action for "Equitable Division of Property." Specifically, a member of a cohabiting couple files a petition asking the court of appropriate jurisdiction to use its "powers of equity" to equitably divide the parties' jointly acquired assets and liabilities (debts) between them. Just like in a divorce action, the court has broad discretion to divide the assets and liabilities as it deems appropriate, that is, in a "just and equitable" manner. Although not obliged to do so, most courts will generally divide things equally unless provided with a compelling reason to do otherwise. The same rules apply in "equitable division of property" cases for unmarried couples. In essence, the law "borrows" from divorce law on division of property and applies it to the common occurrence of unmarried, cohabiting couples. In order to understand the law and how it applies to your specific circumstances, you need to consult an experienced divorce lawyer (also known as family law attorneys).

What property and debts are subject to division? For equitable division cases, only those assets and debts which the parties intended to be jointly acquired are subject to division. That requires providing the judge with admissible evidence that the parties intended that the parties would jointly acquire the assets and debts. In order to understand what constitutes admissible evidence and, just as importantly, what evidence will likely persuade a judge in your favor, you need an experienced family law attorney by your side.

Does it matter how the property and/or debts are titled? As in divorce law, it does not necessarily matter how the property and debts are titled if there is other evidence that the parties intended that each party would exercise equal ownership over the property and generally would be responsible for repaying the debts. What constitutes persuasive evidence in this regard? It varies from case to case and there is not necessarily a short answer. If you have questions, consult an experienced divorce attorney about the particular facts of your case.