When a married couple divorces, the law states that property must be divided equitably. Whether that means an equal share of assets from the marriage, an equal share of the proceeds from selling marital assets, or something else, the law ensures equal division for spouses. However, unmarried couples, whether same-sex or heterosexual couples living together but not married, do not have the same protection. Where will this leave you if you find your relationship dissolving? Working with property division lawyers in Chicago can help.
The State Does Not Help
One of the significant challenges in this situation is the fact that the Illinois Supreme Court rules in Blumenthal v. Brewer in 2008 that despite having children together, and comingling their finances, the couple in question had no right to an equitable distribution of property acquired during the relationship simply because they were never legally married. The court decided that if it were to uphold the partners’ rights as being equal to married couples, it would essentially support common law marriage.
Understand from the outset that Illinois is not a common law state, and the legal system does not recognize common law marriage. In fact, common law marriages have been actively prohibited in the state since the early 1900s.
What Does This Mean for You?
Simply put, if you are unmarried and do not intend to marry, it means that you may face a difficult road should your relationships deteriorate down the road. Does that mean your only defense is legal marriage? No, it does not. In fact, unmarried couples have many different options, and working with property division lawyers in Chicago can help ensure that you have access to those tools. For instance, you can create binding legal agreements about how the property will be divided if the relationship were to dissolve. Depending on your situation, there is the possibility of negotiation, as well.
While no one wants to think that their relationship might one day dissolve, it does happen. It is vital that you prepare for that day. If you still have a strong relationship, property division lawyers in Chicago can help you create the legal agreements necessary for a positive resolution in the future. If you are currently going through a difficult situation and want your rightful share of the property, expert attorneys can help negotiate for that.
We invite you to contact the law offices of Michael C. Craven for a consultation on your situation.
