The end of any relationship is difficult, but ending a relationship involving cohabitation complicates matters even more. Living together without being married is common, but it still poses a legal risk for both parties. If the couple breaks up without a legal marriage, how are the assets divided in court? There may not be a clear answer.
Palimony refers to the division of property, assets, and debts after a relationship (not involving marriage) ends. While some states acknowledge palimony, Illinois is not officially one of them, but this status might be changing slowly.
Additionally, Illinois does not recognize common law marriage. It outlawed the practice in the early 1900s. This means the state will not treat you as a married couple no matter how long you have lived together. The exception is made only for individuals who received a common law marriage in a different state.
Division of Property When a Relationship Ends
Since you are still considered legally single even if you live with your partner, the state considers your personal property to remain your own property. Items, real estate, pets, and other items you enter the relationship with remain your own.
If you want to own joint property with a boyfriend or girlfriend, you are wise to purchase the property as joint tenants in which each partner owns 50% of the property or through tenants-in-common, which allows you to break up the ownership percentages based on the amount of money you each put into the property.
If you have a dispute about property issues after the end of your relationship, you can go to court to seek compensation for your portion of property. For example, your ex may have sold something that you can prove belonged to you. You can sue the other party to recoup these funds.
Other issues may complicate matters even further. For instance, you should consult with your attorney if you have pets in common with your ex.
Financial Support When a Relationship Ends
When a marriage ends, often one party is eligible to receive alimony. When a couple is not married, the compensation is known as palimony. Illinois does not issue palimony, even on the basis of an oral contract. You cannot successfully sue for palimony in this state.
Child Support & Custody When a Relationship Ends
Illinois law calls custody “parental responsibility.” With a couple who was not married when the child was born, the court will first determine the paternity of the child. Proving parentage involves filing paperwork with the court, serving the other party with papers, and attending a court hearing during which the judge determines the next steps.
Either the mother or father of a child may receive custody or be asked to pay child support in Illinois. The court considers each parent to be eligible for full parental responsibility and does not discriminate based on gender.
Protecting Your Rights When a Relationship Ends
Even though you might think Illinois will not recognize your legal claim to assets or property, you should speak with an attorney who understands divorce and family law. You may have a legal case against your ex, especially if you partially owned some of the property involved.
You can also work with your attorney to craft a cohabitation agreement while you are still dating. This agreement can detail division of property, including pets, and child support or custody. This agreement may help you in the event that you go to court after your relationship ends.
If you have questions about ending your relationship, you can call Randall A. Wolff & Associates, Ltd. We offer assistance for individuals who have experienced personal injury or divorce. You’ve got questions, and we’ve got answers.
