If the property is in the sole name of one party, then basically it remains that person's property on separation, unless the other party can establish that there was a common intention that they would be entitled to a share in the property. Proving a common intention is difficult unless it is in writing, or there is proof both parties contributed to the purchase price, mortgage payments and maintenance.

Unmarried Couples, Property, and Death

Another essential property matter for unmarried couples to consider is what they want to happen upon each of their deaths.  Unless each member of the couple develops a will and deliberately designates the other partner as a beneficiary, at death the decedent's estate will pass according to the laws of their state (called "intestate" laws). Intestate succession is the method prescribed by a state to distribute a person's property when he has not provided for its distribution in a will.

Each state has its own laws, but generally, property is distributed to the deceased person's spouse and children. If the person is not married, the property will be divided among parents, siblings, aunts and uncles, nieces and nephews, and then to more distant relatives. The decedent's partner will receive nothing. That is why it is important that couples living together develop wills or other estate planning documents that express their mutual long range plans.

A will is a legal document in which a person states his or her intentions about what they want done with debts, property, and minor children upon their death. Will provisions must be carried out unless they are illegal or impossible. A will allows a person to name beneficiaries to property, forgive debts owed, name guardians of children, create trusts, name an executor of the will, and even disinherit relatives. Developing a will or trust is an effective way to protect your partner if you should die. Consult with an experienced family law attorney to create a document that reflects your needs and wishes for your significant other.