What is the legal position compared to divorce when people living together split up. Is the law still involved

Question

I am asking do divorce laws or similar apply to the division of assests ( propety etc).

Answer 1

in uk i don't think there is any automatic entilement to receive anything at the moment although there was talk of changing this for couples together over 2 years.

if you have a joint bank account you will both be equally entitled to any credit balance therein and if you have a mortgage you will be equally entitled to any profit made from sale of house.

Answer 2

Which country are you living in?
In th UK there is NO common law marriage. It matters not one jot how long you have lived together. When you split up you have to work it out yourselves. Go to Citizen's Advice Bureau in your town for fuller information.
Where there are joint assets (eg a house) that will depend on the agreement you made when you bought the property. Otherwise if one partner wants to sell then I inderstand they have the right to do so.
As far as pensions are concerned, that will depend again on your (non-state) pension scheme. Is your partner's name on it as a benificiary? Can this be changed?
Do you have children? Does the father have legal parental responsibility through applying for it in court if the child is older but which I now believe comes, in recent years, with jointly registering a birth. Children are always likely to have an effect on assests.
In addition, whilst the laws on divorce don't apply, there may be possibility that a case could be taken out by one partner against the other if the first person has given up work to care for home/children/support partner in their careeer etc.
Ultimately if there is a lot of assets/property/money involved then going to a solicitor is essential. but first check it out with the CAB.

Answer 3

No division of assets will only take place if the other has a legal entitlement to the asset... for example... a woman that has only contributed toward the cost of a mortgage is not entitled to any proceeds of sale if the house is not in her name too, no matter how much money she has put in.

The only time a woman may claim is that if you have a child together and she may claim a beneficial interest in the name of the child.

Answer 4

Yes if you have common property they are covered under the same laws as a married couple.

However if you can work it out without lawyers it will be a lot cheaper and easier. Average divorce is around $20K.

Answer 5

if you're no longer married and residing jointly each and every thing contained in the residing house in accordance to regulation should be divided. economic company expenses on your call proceed to be yours. in hardship-free words stuff contained in the residing house might want to be divided. the most to it is that if you're leaving your "housemate/significant different" and also you want to get the added effective of them. purely take a tremendous variety of the stuff besides because the regulation has no idea what become contained in the residing house contained in the first position till receipts are saved. in case you both own the residing house i mean 1/2 percentage and also you want to promote . Your Ex significant different has the right to purchase your percentage first , in the adventure that they dont opt to then you actually can positioned the residing house up on the marketplace , take your percentage and delivers them some thing.

Answer 6

here in australia it means that if you have lived together as man and wife for 12 months ( i think ) then the other party is entitled to half of everything. if you are o/seas you would have to enquire at a free legal advice venue, (uaually advertised in the yellow pages) if the other person is a dragon and hasn't been a good partner then sell everything you don't want and order the moving truck to arrive after she /he has gone to work/ shopping and leave

Answer 7

It depends on the state you live in. If common law marriage is recognized in your state you may have to divide assets. If you both filed a tax return on property owned jointly, there may be assets involved. Check with a lawyer to be sure.

Answer 8

In Australia if a couple live together for six months in a defacto relationship, then they are covered by the same laws as a married couple.

Answer 9

Some States in America recognize common law marriage,some do not. In Nevada, its seven years.

Answer 10

Marriage is a legal institution, with laws and rules conserning assets. When you just shack up, you are, and should be entitled to nothing that isn't in your name.