Family Law: Living Together

Sometimes things don’t work out as planned in our personal relationships. When it is necessary to part from someone we have been in a serious relationship with and live separate lives, we usually are talking about divorce. However, these days, it is often the case that the parties were never married.

When unmarried parties separate, dividing personal items and belongings is usually a simple matter. One party takes his or her things, and the other takes theirs. Sometimes the parties have acquired items during the relationship that belong to each other. In those cases, the parties will need to agree to divide the items they own together, or in some instances, sell the items and divide the cash. If the parties have purchased real estate together, they can continue to own it together or have one party buy the other out of their interest.

In cases where parties have entered contracts or agreements as a pair, special care needs to be taken in how those contracts and agreements will be honored; for example, lease agreements with a property owner. If both parties are on the lease, the property owner still wants the rent and wants it from both parties. In those cases, you need to speak to your property owner and rewrite the lease for the person staying, or the parties need to enter into an additional written agreement between themselves that details who is responsible for the rent. In a perfect world, that additional agreement would be something the parties entered into prior to signing a lease agreement together. You also see this situation with vehicle purchases.

If parties have children together, it is necessary to have what is called a Residential Schedule drawn up and approved by the court. This document details who the children live with and who has residential time (also called visitation). It will also be necessary to establish child support.

It has become common in our society for folks to live together and not be married. If the relationship ends, there are many of the same issues concerning children and the division of property that folks getting divorces face.

If you live in a relationship with someone and are not married, take time to have open and frank discussions with your partner about what might happen if you split up. Put your ideas into a written document so if the relationship does end, you can minimize the surprises and difficulties of separation.

Disclaimer of Liability: This information is only provided to increase awareness of issues surrounding Family Law. While the information provided is about legal issues, it is not legal advice or legal representation. Richard P. Patrick is a Gig Harbor Attorney. His office is located at 5358 33rd Avenue NW, Suite 102, Gig Harbor, WA 98335. 253.858.6800. www.richardpatricklaw.com.

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