Property Divorce for Unmarried Couples?

Stephen Whitmore
By: Steve Whitmore
PublishedOct 7, 2020

UpdatedJanuary 4, 2024
1 minute read

If you co-own property with someone you’re not married to, what happens to the property if the relationship sours? Who gets to keep it? How will the value be divided? R&H Litigation Attorney Steve Whitmore delves into these issues in the following video, and he discusses how a partition action can resolve this connundrum.

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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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