Unmarried couples who cohabitate could face a range of issues concerning their property if they decide to separate. Community property protections available to married couples in a divorce do not extend to unmarried couples. At Wilson-Goodman Law Group, PLLC, we have experience helping unmarried couples get through a separation. Our Chandler property division attorneys will help you determine the best route forward for your case.
When you are going through a complicated separation, you need to find an attorney you can trust both personally and professionally. At Wilson-Goodman Law Group, PLLC, we are going to put more than two decades of experience to work on your behalf.
Due to the complex legal issues that go into property division cases, whether a couple was married or not, an attorney is going to be necessary. This is especially true if there is a disagreement over who owns what property. Your attorney will:
Your attorney will help determine which court would be appropriate to file a case in (family court or the business section of the state civil court system).
It is understandable that many people choose not to get married and instead cohabitate. However, there are implications, particularly when it comes to property division. Laws in Arizona regarding community property do not apply to unmarried couples, and this state does not recognize common law marriage.
Each unmarried partner is presumed to own their own property and debts unless they have deliberately combined them. Combining property and debts can include opening a joint bank account, putting both names on a deed to a home, or cosigning for a loan. This is different from married couples where the property is automatically considered joint property, regardless of whose name the asset or debt was acquired in.
In order to recover their share of deliberately joined property in a separation, unmarried couples will have to work through a civil lawsuit, not the family law court.
Many people make the choice to cohabitate with their significant other and never get married. Even though they may do all of the same things married couples do, including acquiring property, this does not mean they have the same protections in the event of a separation. At Wilson-Goodman Law Group, PLLC, we are dedicated to helping you get through this. Let our Chandler property division attorneys get to work investigating your case and protecting your rights. You can contact us for a one-on-one appointment to discuss your case by clicking here or by calling (480) 503-9217.