Multi-State Partition Lawyers / Attorneys
Unmarried couples frequently ask, “Who gets what when we separate?” This question has become increasingly common as more couples choose to build lives together without entering into a formal marriage. At Stange Law Firm, PC, we assist clients across multiple states who are facing the difficult process of separating shared property when no marital framework exists.
In domestic relationships, property laws work very differently than they do in divorce. Because unmarried couples are not legally married, all property technically remains personal property, and there is no automatic right to equitable distribution as there would be in a dissolution of marriage. For this reason, asserting your rights and protecting your financial interests requires experienced legal guidance, a strong understanding of local laws, and a strategic approach based on how courts in your state handle jointly owned property.
Understanding Property Rights for Unmarried Couples
More couples than ever live together without marrying. Many do so because:
They have witnessed difficult divorces—either personally or within their families
They wish to avoid the formality or legal entanglements of marriage
They believe living together provides the benefits of marriage without legal complications
They have been previously divorced and want to avoid another contested dissolution
Over time, these couples may purchase homes together, share bank accounts, acquire vehicles, make joint investments, or contribute financially to improvements and household expenses. While these arrangements can function smoothly during the relationship, they often create complex legal challenges when the relationship ends.
The laws governing unmarried couples vary significantly from state to state. In some jurisdictions, cohabitating parties may create legally binding cohabitation agreements outlining property division, financial obligations, and rights upon separation. However, many couples do not have such agreements—often because they did not know such a tool existed.
When no agreement is in place, and each party has ownership interests in the same property, a partition action may be necessary.
When Is a Partition Action Necessary?
A partition action is a legal remedy used when unmarried parties jointly own property and cannot agree on how to divide it. This lawsuit asks the court to order the division—or sale—of shared property so that each party’s ownership interest can be separated.
A partition action is generally necessary when:
Both parties’ names appear on the deed, title, or loan documents
The parties jointly own a home, rental property, farmland, or other real estate
The couple has jointly titled vehicles, bank accounts, or other significant assets
There is no valid cohabitation agreement addressing division of property
One party refuses to cooperate in selling or dividing shared property
Much like a dissolution of marriage, a judge can determine how jointly titled property should be divided. However, unlike divorce, the court’s authority is limited only to jointly owned property. If an asset or debt is solely in one partner’s name, partition generally cannot be used to divide it.
Partition is often the only legal remedy available for unmarried couples who cannot resolve property disputes amicably.
Types of Partition Actions
Partition actions typically fall into one of two categories:
1. Partition in Kind (Actual Partition)
A partition in kind physically divides the property so that each owner receives a distinct portion. This option is most common with:
Land
Farmland
Certain types of real estate
Assets that can be naturally and fairly divided
Each party ends up with sole control over their portion of the property.
2. Partition by Sale (Partition by Licitation or Succession)
If the property cannot be fairly divided—such as a home or condominium—the court may order the property to be sold, with the proceeds distributed according to each party’s ownership interest. Courts often prefer this method when:
The property is unique or indivisible
Dividing the property would significantly reduce its value
The parties cannot agree on a buyout
A sale is the only practical solution
Partition-by-sale is the more common remedy in disputes involving residential real estate.
Diligent Attorneys Handling Property Issues for Unmarried Couples
Partition cases can be legally and emotionally complex. Whether you co-own a home, farmland, vehicles, bank accounts, investment accounts, or other assets with a domestic partner, Stange Law Firm, PC can help you navigate the process efficiently and effectively.
Our attorneys assist with:
Multi-state partition disputes
Cases involving multiple jointly held assets
Real estate valuation and analysis
Financial tracing when contributions are disputed
Negotiated buyouts or court-ordered sales
Shared tax obligations and joint debt issues
Enforcement of cohabitation agreements (where applicable)
We understand what local judges expect in partition actions and build strategies tailored to the laws and procedures in your state.
Protect Your Financial Interests When Separating
If you are involved in a property dispute with a domestic partner, taking swift legal action can protect your rights and prevent unnecessary financial loss. Our firm is committed to helping unmarried individuals resolve their property issues fairly, efficiently, and with a clear understanding of their legal options.
Call Today — Arrange Your Confidential Consultation With Our Lawyers
For more information about the property division, contact us online or by phone to schedule a consultation at one of our convenient locations.
