Living together, debts apart? What happens when unmarried couples end their relationship
In today’s society, an increasing number of couples choose to live together without formalizing their relationship through marriage. They may purchase homes, cars, take out loans, and make joint investments in appliances, businesses, or other assets. However, it is crucial to recognize that if the relationship dissolves and all assets are legally in one partner’s name, the other partner may be left without any claim to those assets.
Unlike married couples, unmarried partners do not benefit from the principle of joint property ownership. If property, such as a home, vehicle, or other valuable assets, is registered solely in one partner’s name, the other partner has no legal claim to ownership, even if they contributed financially to the purchase or maintenance of these items.
The situation becomes even more complicated when the couple shares financial obligations, such as a joint mortgage or loan. Even if the relationship ends and the couple no longer cohabits, both partners remain legally responsible for the debt. Creditors can demand the full repayment from either partner. Removing one partner from a loan agreement requires both parties’ consent as well as approval from the bank, which is often difficult to secure.
To prevent misunderstandings and financial risks, it is advisable for couples to consider drafting a joint venture agreement. This legal document outlines the division of property, financial obligations, and ownership of assets. By notarizing this agreement, it becomes a legally binding document that can be used as evidence in court in case of a dispute after the relationship ends.
What else is important to know?
- Creditors can only hold accountable the party that signed the agreements. If both partners are repaying a loan, but the loan agreement lists only one of them as the borrower, the bank will hold solely the individual whose name appears in the signed agreements responsible for fulfilling the terms of the contract.
- Investments made into another’s property may only be compensated financially. Jointly paid loans or shared investments can be proven in court, but this is a complex process requiring detailed evidence to substantiate each investment (e.g., bank transfers, mutual correspondence, contracts). However, any investments made into property registered in the name of the other partner can only result in a financial compensation, not ownership of the property itself.
- Do not shy away from uncomfortable conversations. There is no legal status of a “former partner” that protects an individual from dishonest exploitation, so it is crucial to have that uncomfortable conversation when discussing finances and managing shared assets. It is important to agree on how each party’s contribution will be compensated if the relationship ends. To protect yourself financially, it is essential to prepare for various scenarios and secure your financial safety by entering into mutual obligation agreements with your partner.
