Property Divorce for Unmarried Couples???

October 7, 2020 | Bill Henry

If you own property with someone but you are not married it can be tricky when one person decides they no longer want to live there. How will the property be divided?

Litigation Attorney Angie Schmitz briefly goes over how to handle a situation such as this one.

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I’m Angie Schmitz, associate attorney with Robinson & Henry. I do real estate and probate litigation. One question we get from clients is, when you own property jointly, and one person, say you’re never married, and one person wants to not live there anymore, and the relationship has broken up, what can you do?

Well, there is a procedure called a partition, which is basically divorced, without ever having been married. You can absolutely partition a piece of property that you own jointly with someone else. And either, if it’s the sort of property that can be actually divided, have it divided, or have it sold, with the proceeds distributed in an equitable manner. You should talk over your particular situation with an attorney.

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