From Law Office of Russell D. Knight – "Unmarried Couples and Dividing Property In Illinois" examines the complexities faced by unmarried partners when it comes to property division in the state. The article highlights that, unlike married couples whose assets are considered marital property and divided equitably upon separation, Illinois law does not provide a clear framework for unmarried couples. Consequently, property acquired by individuals in such relationships typically remains with the person whose name is on the title or deed.
The piece delves into the legal precedent set by the Illinois Supreme Court case, Blumenthal v. Brewer, which reinforced the state's commitment to distinguishing between married and unmarried couples. In this case, despite the couple's long-term, marriage-like relationship, the court denied the extension of marital rights to them, emphasizing that benefits under the Marriage and Dissolution Act are reserved for those who are legally married.
Given this legal landscape, the article discusses the potential role of contracts in property division for unmarried couples. While individuals entering financial ventures typically draft written agreements outlining the management and division of assets, romantic partners often overlook this step. However, even with such contracts, enforceability remains uncertain, as Illinois courts may view them skeptically, especially if they resemble marriage-like arrangements.
For unmarried couples considering joint property investments, the article underscores the importance of proactive legal planning. Consulting with a knowledgeable attorney can help in drafting agreements that clearly define ownership stakes and intentions. This foresight can provide a measure of protection and clarity, potentially mitigating disputes if the relationship ends.
Law Office of Russell D. Knight
1165 N Clark St #700, Chicago, IL 60610, United States
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