Legal Protections for Unmarried Couples
These days it is common for couples who are not legally married to live together, buy property together, and live the same kind of life that traditional married couples do. But they should be aware that they do not have the same legal protections as legally married couples. That’s because most tax laws, legislation regarding inheritance of estates, and many real estate laws favor legally married couples while they fail to recognize unmarried couples in the same way. You can live with your partner as an unmarried couple for decades, for example, but if one of you dies the surviving partner may have absolutely no legal claims to the house or other assets that you have shared together as a couple.
That is why unmarried couples should seek out a qualified attorney and draw up special documents that clearly state each person’s intentions, possessions, and financial responsibilities and obligations. A skilled lawyer can, for instance, create documents that offer legal protection for real estate ownership when the property is shared by an unmarried couple.
Let’s say, for example, that a couple buys a house together or one person owns the house before they meet and after they move in together the other partner starts contributing to the mortgage payments. What happens if they break up? Does the partner who name is on the deed owe the other person any refunds for mortgage payments? If an unmarried couple leases an apartment together and then splits up, who gets to stay in the apartment or who is entitled to the refunded deposits if they both move elsewhere? These and other questions can be answered by an attorney and save the couple lots of potential problems down the road.
When a legally married couple experiences a divorce, the property is divided according to state laws. But there are no such laws governing the distribution of assets when an unmarried couple breaks up, so if you are in that situation it is important for you to seek legal help before it is too late. Otherwise you can jeopardize your financial security and assets and create even more pain and confusion between you and your partner in the event that you decide to go your separate ways.
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