Who Gets the House if We Break Up?
If you are an unmarried couple who breaks up, how do you divide the house, the car, the furniture, the bank accounts, and the debt?
In New York, it is always better to enter into an agreement with your partner before you move in together, especially if you plan to purchase or lease any kind of property together. This is so you have a very good understanding of what everything is going to look like, and so it is fair for both of you, if things do not work out between you. Intimate Partner agreements can cover pet custody, real property, personal property, bank accounts, and other things that you might join together when living together for any length of time.
If you are in the unfortunate situation where you and your partner cannot agree upon a fair division of property and debt that you have acquired together during your relationship and you do not have a written agreement, then you may need to seek the Court’s intervention in the form of an action for partition, replevin, specific performance, conversion, joint tenancy, or declaratory judgment.
If you, or someone you know, are thinking about living with your Intimate Partner prior to marriage, please contact us to discuss your rights and the potential ramifications should your current relationship end. If you are going through a break-up and need assistance in this area, please contact us to discuss your legal rights and how to best proceed to ensure that your rights are protected.