Many couples live together before getting married or choose not to get married at all. They invest in owning real state property or a house. Moreover, some of the unmarried couples already had a child to propagate. However, this setup is not a guarantee of a happily ever after. There are instances that these couples decide to separate, with all the properties and children in between disputes. Michigan court deals with unmarried couples who own marital homes and have kids differently from married couples. Unmarried couples are not granted the same legal protection as married couples, and they have less duty to one another in the event of a breakup. In other words, if you’re not married, the regulations that apply in a divorce do not apply to you.
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What Laws Apply to Unmarried Couples’ Property Rights?
Unmarried couples who separated are not subject to the same laws as married couples who divorce. When a house or vehicle is purchased jointly under both partners’ names (as joint tenants or tenants-in-common), the split might be complicated, especially if both parties’ names are still in the loan. When you purposely combine your assets by creating a joint account or putting your names on a title to your home, each unmarried partner is still accountable for the share of the property and its debts. In contrast, any liabilities or assets acquired by either spouse during the marriage are joint responsibilities. The case would be different if the couples agreed to amend these terms in a prenuptial agreement. The legal assumption of independent property ownership is voidable if unmarried partners have a written agreement to share assets. The agreement of split assets is enforceable by the court. When an unmarried couple’s assets are determined to be jointly owned (for example, when both names are on a deed), the assets are regarded to be owned in 50-50 shares.
What Are My Rights in Determining the Custody?
There is a law called, Acknowledgement of Parentage Act in Metro Detroit, Michigan. The initial custody of the child is toward the mother if you sign a legal document stating that you acknowledge yourselves as the parents. Yet, this event will not have an impact on the chances that the father can gain sole custody. The court will decide or honor the mutual agreement of parents in who will become the primary caregiver. One must be mindful that the decision after thorough assessment will be only for the child’s best interest. If ever you encounter or know someone that fits this situation, “unmarried couples separate but own marital home and have kids together,” do not delay approaching family law experts.
In Metro Detroit, Michigan, Goldman and Associates Law Firm employs excellent lawyers specializing in family law. In hundreds of domestic disputes around Metro Detroit, they have successfully handled domestic relationships cases. Our family law attorneys in Michigan take pride in their comprehensive understanding of Michigan’s domestic relations laws. You may set an appointment through our website or call us via phone for further inquiries.