Division of Property of Unmarried Couples

More and more couples now are choosing not to get married and instead are living together in co-owned properties with co-owned furniture and fixtures. While this works really well as long as the couple wants to stay together, some serious questions can come up if the couple decides to split.

One of the best things any couple that chooses not to get married can do is write out an agreement, similar in form to a pre-nup, that details what happens in the event of a breakup. The agreement, which is a contract, should also detail who owns what share of what item.

For example, a couple may choose to buy a house but because of differences in income, one person cannot afford to pay half of the mortgage each month. If one party is paying two thirds of the mortgage while the other pays one third, it needs to be determined in the contract who owns how much of the house. In the event of a fixer upper or a house where significant improvements have been made, if the person paying one third of the mortgage does the majority of the rehabilitation work on the house, that needs to be counted as a contribution to the purchase of the house.

The same can be said for furniture, fixtures, and anything else put into the house. The contract entered into by the couple should also detail what happens to the assets in the event of death. In some ways, this basically makes the couple married even though they’re still not.

Contact a San Jose Family Lawyer

For more information on co-habitation agreements and other family related contracts, contact the San Jose family lawyers of the Law Office of Daniel Jensen at 408-296-4100.