When an Unmarried Couple Breaks Up, Do I have Rights?
When an unmarried couple decides to separate, it can be just as emotionally devastating as when a legally married couple divorces. However, it raises a new set of questions about your rights, and who is entitled to what. Dividing up your assets may be easier since you do not necessarily have to go to court, even if you have children. Sometimes, a couple cannot agree on how to divide assets, in which case it may be necessary for an unmarried couple to go to court. When an unmarried couple finds themselves in court, they have a different set of rules and procedures than a married couple does.
Special Issues when an Unmarried Couple Separates
When an unmarried couple separates, there are some basic rules that apply to separation of property and debts, including:
- Both parties have presumed independent property ownership, meaning each party in an unmarried relationship is entitled to their own assets, unless they deliberately combined them. Combining assets refers to putting both names on a deed or lease, or opening a joint bank account.
- Unmarried partners are legally presumed to have independent ownership of their assets unless said otherwise of a written agreement. Sometimes, an oral or “implied-from-circumstances” agreement can be upheld by the courts, though this is more difficult than enforcing a written contract.
- When an unmarried couple does have jointly own assets, they are owned in equal 50-50 shares. This applies when a couple combines assets by having a joint banking account, or having both names on a deed. There can be an exception if one spouse can prove they have more right to the asset because they made a greater contribution.
- In court, property aspects will be handled by the ordinary business section of the state’s civil courts, meaning it will be handled the same as a business issue. The significance of this is that it means you will not have any special mediation services or expedited hearings, like there are in divorce court. There may be an exception for child custody issues.
- Usually, neither party is entitled to alimony or any type of spousal support. There may be an exception if there is proof of a clear agreement to provide spousal support after a separation.
- An unmarried couple that is raising a child together can have custody, visitation, and child support issues handled the same way as a married couple, if they are both legal parents. Both parties do have the option to create an agreement outside of court.
Living Together Agreements
It is often recommended that unmarried couples create a living together agreement. Creating a living together agreement can help resolve issues of property and child custody issue before they occur. It can act as a “non-marital agreement” which covers a variety of assets in the case that these matters cannot be settled outside of court. A comprehensive living together agreement should include:
- Any property acquired before and during the relationship
- Inherited property or property received as a gift during the relationship
- Expenses including utilities, food, and house maintenance
- How property will be divided in case of separation, or if one of you dies
- A defined method of resolving conflicts
