When unmarried couples separate, the division of property works differently. If you`re not legally married, keep the items you entered the relationship with, as well as anything you earned or bought while you and your partner were together. However, if you have intentionally combined your assets – for example, by putting both names on the deed of ownership of your home – then that property is in equal ownership of 50-50 shares. An exception may apply if a partner can clearly demonstrate that it has made a higher contribution. For example, under Maryland law, there is a presumption against joint tenancy. This means that documents, such as deeds, must explicitly prove that the property must be held as a roommate for it to be legally recognized as such. For example, the deed must explicitly state that the property is known “as a roommate.” Without this wording, the property is assumed to be a joint tenancy. Finally, there is the concept of domestic partnership. A new law in the state of California allows any couple to apply for a domestic partnership, which offers similar benefits to marriage under the law. It`s important to note that domestic partnership agreements are not state-recognized in California, and as a result, couples may still struggle to sponsor a non-citizen partner for citizenship, share benefits from federal employees, or access the rights and protections of married couples in other states. If one spouse earns significantly more than the other in a marriage — or if one is financially dependent on the other — a judge can order the higher employee to pay spousal support (aka “alimony”) after the divorce.

It is not the same for unmarried couples. Neither partner is entitled to support after separation unless there is evidence of a post-separation support agreement (also known as “palimonia”). Joshua Coombe, partner and family lawyer at Tees, is an expert on the legal rights of unmarried couples. Here, Joshua explains some of the key legal points that unmarried couples should know before moving in together. Couples who live together and are not married fall into the category of cohabitation. The legal rights of cohabiting couples are very different from those of married couples. The following brief overview can help you understand the differences between the legal rights of married and non-married people. Single mothers automatically have parental responsibility for their children. Fathers do not automatically have parental responsibility for their children, unless they are married to the mother. Unmarried fathers can obtain parental responsibility for their children by registering the birth jointly.

Joint registration means that the father`s name appears on the child`s birth certificate with the mother`s. Whether you are legally married or not, a breakup can be infinitely more complicated (and painful) when children are involved. If you and your partner are both legal parents and raising children together, you may be able to make a joint arrangement without court intervention. However, if you can`t reach an agreement and end up in court, custody, access, and child support issues will be treated the same way as divorcing married couples. However, if only one partner is the legal parent, the non-legal parent has no custody or access rights – and no obligation to provide for the child. Unmarried couples living together – Your legal rights are explained when you live together, including financial, property and parental rights. We take data protection very seriously. We use your data to work for you, primarily to provide the professional legal and financial services you have requested. Our privacy policy explains in detail how we collect, store, process and use your personal data.

Read our Legal Services Privacy Policy and Financial Services Privacy Policy. This is how separation works if you are not legally married. If you and your ex agree on how to divide assets, you probably don`t need to go to lawyers or the court system. However, if you can`t reach an agreement, the ownership aspects of your division will likely be handled by the normal commercial division of your state`s civil courts. Disputes relating to the custody or maintenance of children are usually handled by the family law department of your district court. Parental responsibility is important because it means that parents can have rights and duties towards their children. Unmarried parents need to carefully plan for what might happen to their children if they separate or if one parent dies suddenly. Joint birth registration provides children with additional security in the event of unexpected death, as both parents have parental responsibility.

For example, a father without parental responsibility would not automatically have responsibility for his children upon the mother`s death, which can make an already incredibly difficult situation even more difficult. If you and your partner live together and are considering separation, don`t assume that state marriage laws apply to your relationship. It is important to consult with a local family law lawyer to determine which case fits your unique situation. No. Unmarried couples do not divorce, as married couples do when they separate. As long as unmarried partners can agree on how property should be divided, there is usually no need for lawyers or courts.