What Happens to the House When Unmarried Couples Split Up?
Getting out of home ownership with your ex-partner
By Doug Mentes, Esq. | Reviewed by Canaan Suitt, J.D. | Last updated on April 26, 2022Use these links to jump to different sections:
- There Are Limited Options for Getting Out of Ownership Once the Relationship Ends
- Getting Court-Ordered Help to Manage the Sale
- Best Way to Avoid Property Disputes in a Breakup: Plan Ahead
More adults in relationships are choosing to live together outside of marriage, and many of these couples purchase a new home together. Though marital property laws protect spouses’ interests in real estate, those laws do not apply to unmarried couples. As a result, for unmarried partners living together, it’s best to plan ahead for real estate ownership—and what happens if the relationship ends.
There Are Limited Options for Getting Out of Ownership Once the Relationship Ends
Partners who plan ahead may have signed a cohabitation agreement, a legal document for unmarried couples similar to a pre-nuptial agreement. Lacking a written agreement, the issue then becomes whether or not both partners have a legal right to the property. If only one partner appears on the deed, the non-titled partner will have little leverage to negotiate a resolution—unless they can demonstrate an equitable interest in the property.
Potentially, the partners can resolve the dispute on their own. But even the most fair-minded people struggle to resolve conflicts during a breakup. Without a resolution, the last resort is likely filing a claim in a district court for partition of real estate.
Land may also be partitioned by sale: Either one co-owner buys the other out, or both partners agree to list the property and split the proceeds. If listing, the sale price will determine property value. If one (or both) partners wish to remain in the home, there could be a dispute over its value.
Getting Court-Ordered Help to Manage the Sale
To manage disputes between the partners, the court may appoint one or more neutral referees to manage the sale. The referee(s) will bill for their time and may have full discretion to perform any and all responsibilities necessary for the sale, including:
- Hiring one or more real estate appraisers
- Choosing a real estate agent
- Determining list price
- Performing and contracting for tasks necessary prior to listing
- Accepting or countering offers
- Determining costs to be deducted from the sale price
- Negotiating with buyers and their agents
Most disputes arise out of splitting potential home equity. One partner may feel they contributed more to the equity, or, perhaps, one partner may claim there was an understanding regarding costs and the other partner disagrees. If this is the case, a court will likely need to hold a hearing or trial to take evidence from the parties, which greatly increases the cost and complexity of the matter.
Best Way to Avoid Property Disputes in a Breakup: Plan Ahead
Plan ahead. The best approach is to talk with a law firm or an experienced real estate attorney for legal advice before you purchase a home or other real property with a significant other. An attorney can advise you on the burdens and benefits of co-ownership, and draft a co-habitation agreement that will protect your asset. If you already own property with a partner and are looking to get out, an attorney can also educate you on your options, and help you make the decisions that will allow you to move on.
Learn more about the related areas of joint tenancy, the eviction process, and family law.
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