Risks for unmarried couples and owning property

By Stange Law Firm, PC on Tuesday, January 12, 2016.

The legal system assumes that all property is purchase with the consent of both parties for the use of both parties; therefore the property is marital property. If the marriage should end and the couple splits up, the property that the spouse purchases together will be divide equally. But, unfortunately for couples that are not married, the splitting of property is not as simple.

Property disputes can be extremely hard for unmarried couples. If you and your significant other purchase a large property (a house), it is highly recommended that you purchase the house in joint names. By taking this action, you will ensure that if the relationships were to end, the property will be treated to the judge as a belonging to both individuals. If the property is not in the names of both parties, a property dispute may arise.

In most instances, the courts will consider the house the property of the person whose name it is in. This ultimately means if you and your significant other purchase a house together and it is under their name, the house will be considered their property, even if you pay for half of the bills and property. And if you two were to break up, the house would be considered his property, and you may or may not have a difficult time proving any ownership or vested interest.

But, you must realize that if the property may not be in your name, your situation is not completely hopeless. If you can prove that there was common intention such as providing documentation of your contributions to the mortgage or maintenance of the house, then you may be able to prove to the courts that you deserve a portion of the property.

If you live in the Kansas City/Lee’s Summit, Missouri area and you are struggling with an unmarried property dispute, contact a family law attorney to learn more about your rights and options.

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