{"id":351869,"date":"2016-04-04T10:46:06","date_gmt":"2016-04-04T15:46:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/living-together\/cohabitation-and-property.html"},"modified":"2025-03-27T09:50:50","modified_gmt":"2025-03-27T14:50:50","slug":"cohabitation-and-property","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/living-together\/cohabitation-and-property.html","title":{"rendered":"Cohabitation and Personal Property"},"content":{"rendered":"\n
\n \n
\n

Cohabitation and Personal Property<\/h1>\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Personal property concerns can come up when unmarried partners live together. They don’t have the same legal protections as a married couple. In cohabitation, property remains separate unless jointly purchased or addressed in a cohabitation agreement. This agreement outlines the division of property acquired during the relationship, mirroring the protective measures used in prenuptial agreements.\u00a0<\/p>\n\n <\/div>\n\n

Living with your partner without getting married can pose legal challenges. Married couples have certain legal rights and protections that affect their property rights<\/a> if they break up.<\/p>\r\n

However, cohabiting couples do not have the same protections.<\/p>\r\n

Anyone considering a cohabitating relationship should be aware of how property law may affect their relationship. You’ve probably heard of rules about the division of real property<\/a>. But it’s also important to know that the same rules apply to personal property.<\/p>\r\n

In general, married couples jointly own property acquired during marriage. Cohabitating couples can also own property jointly with the right agreement in place.<\/p>\r\n

Types of Property Ownership<\/h2>\r\n

Two or more people can pool their resources to own property. Although most people think of this in terms of purchasing real estate, it is also often done when business partners or friends join forces to buy a building or an expensive item like a boat.<\/p>\r\n

Joint ownership means that all participants share ownership of the property. Partners can share property equally in joint ownership, so each partner has the same rights and access to the property.<\/p>\r\n

Partners can also share the property as a percentage of their contribution. For example, suppose three friends buy a $20,000 boat. One contributes 50% of the price while the others contribute 25% each. In that case, one would have rights to the boat half the time, and the others would each have it one-quarter of the time.<\/p>\r\n

Separate ownership means that each person keeps ownership of the property they buy. Separate property ownership applies in marriage, domestic partnerships, and business relationships.<\/p>\r\n

As long as the owner uses the property and it is not used for the benefit of the relationship, it remains the owner’s separate property.<\/p>\r\n

Property Division between Couples<\/h2>\r\n

In any relationship, the division of property in the event of a separation depends on:<\/p>\r\n