How Unmarried Couples Protect Property Rights In Illinois
As an Illinois family law attorney, I understand the particular challenges and concerns that unmarried couples face regarding the protection of their property rights. In Illinois, married couples enjoy the clarity of legal protection through the state’s marriage laws. However, unmarried couples residing in Illinois must take some legal steps to ensure that their property rights will be duly protected when a separation occurs, for that matter, any other life-altering change.
Protecting Your Property Rights In Illinois
In Illinois, the law does not automatically recognize the property rights of unmarried couples as it would for married couples. Without proper legal arrangements put into place, you may find yourself in a vulnerable position if the relationship ends. Therefore, to guard your interest, it becomes necessary to understand and utilize all the available facilities that the law of Illinois has regarding that particular matter.
Cohabitation Agreements – One of the best strategies to secure your property rights is to create a cohabitation agreement. This is a legal document whereby you and your partner are allowed to state who among you two owns which asset and which liability. You are also allowed to state what happens to your property in the instance when the relationship ends, and that’s the most important part since the state of Illinois doesn’t recognize common law marriage.
Joint Tenancy with Right of Survivorship – As far as real estate is concerned, most unmarried couples would go for joint tenancy with right of survivorship. In this way, when one of the partners dies, the other partner will automatically get his or her share without requiring any probate for the same. This should be clearly mentioned in the property deed so that no confusion arises over legal disputes in the future.
Titling of Personal Property – In like manner, when it comes to personal property, such as vehicles or bank accounts, consideration should be made for titling such assets in both names. The joint ownership legally provides each with equal right and access, and is a layer of security.
Estate Planning – The creation of the estate itself is also a critical component in estate planning. Wills, trusts, powers of attorney, and health care directives are all valuable tools that may ensure one’s wishes be followed and one’s partner be looked after in the event of a death or disability.
Illinois Property Rights FAQs
Can Unmarried Couples In Illinois File For Something Similar To A Divorce?
No, Illinois doesn’t recognize common law marriage, and therefore, there isn’t any formal process similar to divorce for unmarried couples. However, issues related to joint property and children can still be addressed legally through separation agreements and parental responsibility actions.
Are There Any Particular Statutes In Illinois That Pertain To Property Rights For Unmarried Couples?
There are no specific statutes that actually concern the rights of property in unmarried couples. However, several other areas of contract and ownership within the state, such as Illinois’ Joint Tenancy Act, can be used in favor of creating agreements for the protection of each party’s interest.
How Do I Make Sure My Partner Inherits My Property When I Die?
Writing a will or creating a living trust is necessary to guarantee your partner inherits your property. In each of these estate planning documents, you name the partner as beneficiary and thereby avoid the intestacy laws, which favor blood relatives.
What Are Some Of The Several Legal Documents That An Unmarried Couple Should Prepare?
Unmarried couples should prepare cohabitation agreements, trusts, wills, durable powers of attorney, and healthcare proxies. Each can serve to protect your rights and desires in specific situations.
Contact Our Illinois Family Law Attorney For Exceptional Legal Assistance
If you are in a non-marital relationship and are concerned with protecting your assets and rights, I am here to help. For more information, please do not hesitate to contact our Illinois family law attorney at Dan Walker Law Office at 630-920-8800 to receive your free consultation. With an office conveniently located in Hinsdale, IL, we provide comprehensive, customized legal services to unmarried couples. Allowing us to help you protect your future together.
