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Unmarried? Separate your assets fairly

When you're unmarried and living together with your partner, you may find yourself if a difficult position if you choose to separate. When you've been together as long as you have, it's not easy to determine who owns what. You may have purchased items together or have been gifted items as a couple.

Unlike married couples, you don't have the same protections as those going through divorce. Instead, you and your partner will need to determine how you want to split up your assets.

How do you divide assets when you're not married?

When you're not married, the first thing to note is that any property that is in your name is considered separate property. Your home, vehicle or other assets that are listed with your name alone will remain yours. If the other party can establish that there was common intention, such as buying a property and moving in together at the same time in order to make it a family home, then there could be a chance that they'd be entitled to share, but it is up to them to convince a judge.

Proving common intention isn't easy unless it's in writing or there is proof that you both contributed to the maintenance, mortgage payments or purchase price of the asset.

What should you do if you're separating from a long-term partner?

If you are conflicted over how to divide your assets, you and your partner may want to turn to your attorneys for help. Our website has more information on what you can expect when dividing property as an unmarried couple.

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