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Property division when unmarried couples break up

On Behalf of | Oct 19, 2021 | Property Division

It’s a difficult and emotional process to go through a relationship split-up in Florida, but, sometimes, it may be necessary- even for unmarried partners. When property is improperly divided, things can easily be worse. Whether you are splitting up with your partner, or you simply want to prepare yourself in the event that happens, here’s what you need to know.

Some basic concepts

For most married couples, property division is very straightforward. The assets in question can comprise both property owned by one or both partners prior to marriage as well as property that’s acquired during the relationship. A good example is an inheritance from a deceased family member who left it to one spouse, but not another.

On the other hand, property division between unmarried partners is a little more complicated. Here’s how that is so:

Property acquired during the relationship

In general, property that’s acquired during the relationship by one partner belongs entirely to that person except in cases where there was an agreement made with regard to property sharing. In other words, if you bought a car during your relationship and there wasn’t any mention of property sharing during the purchase, then that car remains yours after you split up.

Property acquired before the relationship

However, property that you acquired prior to your relationship belongs equally to both of you if you are not married or in a civil union. For instance, let’s say one partner bought a condo before entering into this new love affair and they’ve been using it together as their joint property, then a court will consider division of the condo after they split up.

No entitlement to alimony after the break-up

Additionally, if one of the partners is financially dependent on the other partner, then that person should not expect to receive alimony after a break-up. This includes a situation where the dependent partner stayed home to take care of children or do household chores.

It’s important to know how property division works if you are not married to avoid any issues. Some couples, however, negotiate property sharing agreements before splitting up to make things easier for themselves.

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