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Unmarried couples and homeownership

On Behalf of | Sep 27, 2016 | Property Division |

When a couple in Connecticut buys a home together, they make a big commitment. If a couple breaks up or goes through a divorce after making such a purchase, dividing the mortgage and determining what will happen to the home can be very difficult.

Buying a home can be more risky for unmarried couples than it is for married partners. If a couple is married when they purchase a home together, both spouses will have property interests even if only one spouse’s name is on the lease. On the other hand, an unmarried couple must make sure that both of their names are on the lease when they purchase a home so that both individuals will have property rights.

Unmarried couples may want to think carefully before purchasing a home together as the purchase will be very difficult to split if they ever break up. They may be wise to approach a joint home purchase like a business transaction and sign a cohabitation agreement. If one partner is not as eager to take on a mortgage as the other, the couple could work out an agreement in which one partner pays rent to the owner.

Dividing a home can be challenging for married couples as well. An attorney may be able to represent a divorcing spouse during property division negotiations that involve real estate. As long as a home was purchased after the date of marriage, both spouses will usually have rights to the home. A divorce agreement may be worked out that allows one spouse to stay in the home, or both spouses may agree to sell the home and split the profits.