This article addresses how unmarried couples deal with property when they split up. Click here to read about how child custody is handled for couples who are not married.
Attorneys and lawsuits are expensive, so it makes sense for a couple to try to agree on how to divide their property on their own. Usually, when unmarried couples break up, each person will simply take what they had before they got together.
A lawyer is usually needed if an unmarried couple owns real estate together. Real estate that is deeded in the names of two people is presumed to be owned 50% by each party unless there is a clear written agreement that says otherwise. When a breakup occurs, the options for jointly owned real estate are: (1) sell the property and divide the proceeds, (2) one person buys the other out, or (3) the parties remain joint owners.
A lawsuit about what to do with jointly owned property is called a “partition suit.” The judge’s only option is to order the property sold and then rule on how the proceeds should be divided.
Joint debts and credit cards are also common issues when unmarried couples split up. It is best to decide how to split the current balance and then transfer the amounts each is taking on to a separate card that is just in that person’s name.
The police should be called if there has been violence or serious threats of violence. A protective order can force a person out of a jointly owned house or a leased residence. Click here to read about domestic violence and protective orders.