You and your partner lived in a house together for some time but are now going your separate ways. You’re unmarried, and don’t know who gets what. In New Hampshire, common law marriage is not available to help in this context. No matter how long you lived together, you won’t go through the same legal process for property division as married couples would in a divorce.

If you purchased a house together in both of your names (as joint tenants or as tenants-in-common) the division may be complex, especially if both names are still on the loan. There are several options for splitting property that is co-owned. You may be able to come to an agreement that involves (1) refinancing the mortgage in one party’s name, (2) selling the house and splitting the proceeds, or (3) having one party keep the house and make payments until the loan is paid off. In any event, we recommend consulting an attorney regarding your decision and working with them to draft an enforceable agreement.

If you are not able to come to an agreement on the division, you will need to file a Petition to Partition in Superior Court. This allows the Court to consider all relevant so factors and divide the property in a way it deems fair. If the house is in your partner’s name, the house stays theirs unless you can establish that you are legally entitled to an interest in same. Proving a property interest is difficult unless it is in writing, or there is proof both parties contributed to the purchase of the house, loan payments, maintenance, etc.

If you have any questions about the above, Wescott Law can help. The attorneys here have the knowledge and experience to help you with all your needs. Give us a call today.