Marriage Information Center
Marriage Information Center
Unmarried Couples
More and more couples live together before they marry and many live together indefinitely. Most couples accumulate a great deal of shared property but fail to consider how the property will be divided if the relationship ends. The reality is that no matter how long an unmarried relationship lasts, the law still effectively treats the couple as separate individuals with no rights or liabilities to each other if the relationship ends. Even though the couple behaves like husband and wife, unless they meet the requirements for common-law marriage, unmarried couples have no basic rights to their partner's property or to maintenance if they split up. An attorney experienced in family law at Law Offices of Scott David Stewart in Phoenix, can advise you on your legal rights as one half of a cohabiting couple.
If a house is bought in joint names (either as joint tenants or as tenants-in-common) the division may be straightforward and the house should be split 50/50 upon separation. But if the property is in the sole name of one party, but both partners contributed to the mortgage and maintenance, conflict may ensue if the couple separates.
If the property is in the sole name of one party, then it remains that person's property upon separation, unless the other party can establish that there was a common intention that they would be entitled to a share in the property. Proving a common intention is difficult unless it is in writing, or there is proof both parties contributed to the purchase price, mortgage payments, and maintenance.
Many couples avoid conflict at separation by entering into a written cohabitation agreement when they start living together similar to a premarital or prenuptial agreement. If you are interested in creating a legal agreement that will work for your situation, be sure to work with an experienced family law attorney at [Law Offices of Scott David Stewart in Phoenix.
How to Buy Property Together
Before you buy a house or other substantial asset jointly with someone else (your spouse, lover, a relative or friend) decide how you will own the property. Doing so will protect your rights if your partner dies or the relationship ends. Prior to purchasing property you and your partner should decide whether you will own the property as joint tenants, or tenants-in-common.
Joint Tenants
Joint tenancy is a form of ownership in which ownership is shared equally. All joint tenants own equal interests in the jointly owned property. When two or more persons expressly own property as joint tenants, and one owner dies, the remaining owner(s) automatically take over the share of the deceased person through their right of survivorship.
Tenants-in-Common
If you decide to hold the property as tenants-in-common, then each owner has a distinct share in the property. You and your partner decide the percentage of the share. For example, if one party contributes 25 percent to the purchase price, then the property share may reflect that percentage. Unlike joint tenancy, as tenants-in-common, if the co-owner dies the remaining tenant does not have the right of survivorship. Thus, the remaining partner does not have rights to their share of the property. Their share becomes part of their estate and will be distributed as determined by the person's will or state intestacy laws.
Unmarried Couples and Death
The other essential matter for unmarried couples to consider is what they want to happen upon their respective deaths. Unless each member of the couple develops a will and deliberately designated the other partner as a beneficiary, at death their estate will pass according to the intestate laws of their state. Intestate succession is the method prescribed by a state to distribute a person's property when he or she has not provided for its distribution in a will. Each state has its own laws, but generally, property is distributed to the deceased person's spouse and children. If the person is not married the property will be divided among parents, siblings, aunts and uncles, nieces and nephews and then more distant relatives. The person's partner will receive nothing. Therefore, it is crucial that couples living together draft wills or other estate planning documents that express their mutual wishes and goals.
A will is a legal document in which a person states various intentions about how they want their, property, assets, and minor children handled upon their death. Will provisions must be carried out unless they are illegal or impossible. A will allows a person to name beneficiaries for property, forgive debts owed, name guardians of their children, create trusts, name an executor of their will and estate, and even disinherit relatives. Developing a will or trust is an effective way to protect your partner in the even of your death. Consult with an experienced family law attorney at Law Offices of Scott David Stewart in Phoenix to an estate planning document that reflects your needs and wishes for your significant other.
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