Courts have yet to uniformly address the dissolution rights of unmarried same-sex, cohabitating couples.
At present, a well-marked schism exists between the legal rights of married and unmarried cohabitants. Unmarried same-sex couples are generally not entitled to an equitable distribution of property rights under state divorce statutes. Nonetheless, courts are struggling with ways to divide the couple’s property to effectuate the parties’ original intent or to protect the parties’ equitable interests.
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Unmarried Partners and Real Estate Ownership