How can unmarried couples divide property and child custody?

Unmarried couples share their lives, homes, and even children, but their legal rights differ from those of married couples. When an unmarried relationship ends, dividing property and determining child custody can become complex. Understanding these rights helps avoid unexpected challenges.

Property division for unmarried couples

Unmarried couples who live together often acquire property together. Unlike married couples, who typically follow state laws for property division during a divorce, unmarried partners have fewer automatic protections. If there is no agreement in place, they may not divide property acquired during the relationship equally. Courts determine ownership based on whose name appears on the title or receipt. For this reason, a written agreement that clearly defines property rights helps avoid disputes.

Without a written agreement, each partner can only claim property in their own name. Jointly owned items are split based on contribution or value. Legal claims such as unjust enrichment may also arise if one partner believes they significantly contributed to the other’s property.

Child custody for unmarried parents

Unmarried parents face different challenges regarding child custody. Both parents have equal rights to seek custody of their child. However, the law requires the father to establish paternity before gaining custody rights. This process involves signing a voluntary acknowledgment of paternity or going through genetic testing.

Once paternity is established, courts decide custody based on the child’s best interests. Factors such as each parent’s relationship with the child, their ability to provide a stable home, and any history of abuse influence these decisions. Courts may grant joint custody, where both parents share time and decision-making, or sole custody to one parent.

Unmarried couples can protect their property and custody rights by drafting agreements and establishing paternity early. Understanding the law helps both partners understand their rights and responsibilities.