What are my property rights if we cohabitate but are not married?
On behalf of Furr & Cohen, P.A. posted in Unmarried Couples on Friday, August 19, 2016.
There are many reasons why some couples may decide to forego marriage and instead cohabitate without the process of an official marital union. Many of those reasons are to avoid divorce and the legal aspects of property division and support issues. However, when two people cohabitate for a substantial length of time, it is not unusual for them to accumulate significant property.
Should the two ever terminate their relationship or their cohabitation, they now reach a juncture where it is necessary to determine which person will get what property. If you never made any kind of legal contract detailing how property would be divided and whether or not any support would be provided by one party to another, you may face a time-consuming legal battle to defend the rights to your property.
This is especially important if you own real estate with your one-time partner.
If you have been cohabitating with someone and your relationship has ended, you may be able to peacefully agree on how you will divide both property and debts and whether or not one of you should pay support to the other. However, if your break up is particularly contentious and you cannot agree on anything with the other party, you may be in need of a family law attorney. If you are entering into a relationship where you will cohabitate but not marry, it may be extremely beneficial to meet with an attorney in Florida, who can help you create a version of a prenuptial agreement called a cohabitation property agreement. Your attorney will also know how laws vary, specifically within the state of Florida.