How to Divide Property When Unmarried Couples Break Up

Understanding Property Rights for Unmarried Couples

The fundamental difference between married and unmarried couples lies in how the law treats shared assets. While specific laws vary from state to state, here are 7 key principles that shape the property rights of unmarried couples.

1. Laws Governing Married Couples Typically Don't Apply to Unmarried Couples

Each state's family law framework applies to married couples who divorce, but rarely cover unmarried partners who split up. In some states, couples gain legal recognition through common law marriages or domestic partnership, but you must actively take steps to obtain this status.

2. Unmarried Partners Keep What They Own

Unless a couple has deliberately combined assets—for instance, through joint accounts or co-owned deeds—each unmarried partner retains ownership of their own property and debts. Married couples differ, as community property and debts acquired during marriage are usually considered jointly owned unless a prenuptial agreement states otherwise.

3. A Written Agreement Can Change Who Owns Assets

Unmarried couples can decide to share ownership of property or assets by creating a written living together agreement (more on that below). Having a clear written agreement helps protect each partner's financial interests and avoid disputes about property rights if the relationship ends. In some states, particularly California, courts may enforce a an unmarried couple's verbal agreement to share assets, but these cases are very difficult to prove and require clear evidence of an actual agreement and reliance on the agreement.

4. Jointly Owned Assets Are Usually Split 50/50

When unmarried partners buy assets together—like a house or car—and both names are on the title, the law typically considers these assets to be equally owned by each partner. If the relationship ends, each partner is entitled to an equal share of the value, unless there is clear proof of a different agreement in writing.

5. Property Disputes Are Handled in Civil Court, Not in Family Court

Unmarried partners litigate disputes over property in civil court—not family court. Civil courts approach these disputes as contract or business conflicts, rather than as a divorce. But any child custody and child support issues are handled separately in family court.

6. Most Unmarried Partners Aren't Entitled to Financial Support After a Breakup

In most states, when an unmarried couple breaks up, neither partner has a legal right to receive financial support from the other—unless they've made a clear written agreement for that support. Some courts have awarded palimony (financial support similar to alimony), but such cases are uncommon, and many states don't recognize palimony at all.

7. Child Custody and Support Depend on Legal Parentage

For unmarried couples, child custody and child support are determined based on who is recognized as the child's legal parent. If both partners are legal parents, they may negotiate custody and support privately, but if no agreement is reached, the courts will use the same procedures as those for married parents to decide custody and child support.

Creating a Living Together Agreement

If you are in a serious relationship but aren't married, it's wise to create a written living together agreement that spells out how you'll handle property, your home, and other key issues if you split up. Putting an agreement like this in place while things are going well can prevent conflict later. A properly drafted agreement is legally enforceable and can help you avoid having to go to court at all.

Without a written agreement, separating can become far more complicated—especially if you've been together for a long time, share significant property, or your breakup isn't amicable. In those situations, it's smart to talk to a family law attorney.