Real estate ownership — Married vs. cohabiting

Real estate ownership — Married vs. cohabiting

Whether a couple was married or cohabiting can completely change what happens with any real estate they purchased in the case that they split up. In the case of a marriage, the court will usually see the property as jointly owned and will thus allocate it in the distribution of property. If the couple were [...]

What does a cohabitation agreement look like?

What does a cohabitation agreement look like?

For the most part, couples can form their cohabitation agreements how they like, so that there’s no set standard for what must be included. An agreement may cover day-to-day activities such as grocery shopping or taking out the trash. Or it may just cover the big stuff: how rent and utility bills will be divided, [...]

Cohabitation agreements: The prenup for nonmarried couples

Cohabitation agreements: The prenup for nonmarried couples

Even if they aren’t getting married, couples moving in together should still consider the future. Most partner cohabitation ends one of two ways: the couple gets married, or the couple breaks up. If they get married, suddenly all the marriage- and divorce-related laws discussed on this site become applicable. If they break up — well, [...]

So we never actually got married… Can we still get “divorced”?

So we never actually got married… Can we still get “divorced”?

Ok, so we’ve gone over a lot of details about the process of divorcing and severing marriage ties. But what if you never got married? Cohabitation (couples living together without being married) is fairly common these days and brings with it a whole other set of complications. In some respects, it may seem simpler — [...]

Distribution of property when one spouse is “at fault”

Distribution of property when one spouse is “at fault”

In distributing property, courts in some jurisdictions take into account whether one party was at fault in the divorce. Regardless of whether the divorce itself is granted on fault or no-fault grounds, a spouse’s actions in bringing the marriage to an end can factor against him and her. If marital fault is proven, the courts [...]