Unmarried Couples

Unmarried CouplesUnmarried couples are not covered by the same laws as married couples, even if they lived together, own property together and/or have children in common. Community property law does not apply to unmarried couples.

Problems can develop for couples who are not married, but decide to accumulate property together such as a house, car or furniture. If an unmarried couple decides to separate, there may be disagreement or confusion about each other’s rights to property they purchased during the relationship.

To avoid this, some couples elect to utilize co-habilitation contracts or “live-together” contracts that effectively explain how items will be divided if and when the parties do separate. Couples that do not have these contracts may require assistance with the division of their property. Usually a great deal of importance is attached to whose name is on the title to property such as a house, car or bank account. Title alone does not necessarily answer all questions, but where title is held by one party the other party must then establish that there was a common intention between the two individuals that they would share the property even after separation.

At De Blank & Toussaint, P.A., our experienced attorneys are trained to assist unmarried couples in effectively planning for the future or dividing their property. If you require assistance with the drafting of a co-habilitation contract or the division of property after an unmarried couple has separated, please contact De Blank & Toussaint, P.A. for a consultation.


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