Question 1

What Happens to a Non-Marital Couple’s Property Upon Separation or Death?

Accepted Answer

When a non-marital couple separates, or one of the partners dies, the treatment of their property is determined by the five following factors:

Whether the couple registered as domestic partners, and if so, where and when registration took place;
When the property was attained in relation to when the relationship started (or when the domestic partners were registered);
Who primarily invested their finances into the payment, upkeep, and operation of the property;
The specifics of the title to the property; and
Whether there is a written property agreement between the partners or, in case of death, whether the deceased partner has drawn up a will.

Non-marital couples and domestic partners usually hold title to co-owned real estate as joint tenants, tenants in common, community property, or community property with a right of survivorship. However, a couple may not be presented with every one of these options.

Question 2

What Important Issues Should Be Covered in an Agreement?

Accepted Answer

Whether you and your loved one are domestic partners or not, you should make sure that the property agreement has the following points covered before finalizing it:

Expenses: These include past contributions and future costs, including acquisition costs, carrying costs, and improvement costs.
Forced Sale: Co-ownership may not be a realistic option following separation. A forced buyout or sale should be considered as an alternative.
Sale Proceeds: It is important that the allocation of sale proceeds is determined in a property agreement.
Death: Postmortem intentions should be clearly defined in an agreement in order to avoid a dispute between heirs.
Occupancy: Set rules on who can visit and occupy a shared property in case of separation, especially if a forced sale is not an option.

Without legal assistance, it may be difficult to resolve all of these issues with your partner. Get in touch with a dependable Pennsylvania LGBTQ family law attorney who can provide you with a comprehensive evaluation of your situation.

Montgomery County PA Domestic Partnership Property Rights Lawyer

Property Rights for Same-Sex Couples in a Domestic Partnership

What Happens to a Non-Marital Couple’s Property Upon Separation or Death?

What Important Issues Should Be Covered in an Agreement?

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