More and more couples in Asheville are choosing to build lives together without getting married. They live together, raise pets or children, share bank accounts—and often, they buy real estate together. But what happens when that relationship ends? There’s no divorce to file, but there are still complicated legal questions that need answers—especially when property is involved.
Buying a home with a romantic partner is a major financial commitment. When the relationship ends, both parties may be left wondering how to divide the asset, how to remove one party from the deed or mortgage, and whether they have any legal protections at all.
In the absence of a marriage certificate, unmarried couples cannot rely on North Carolina’s equitable distribution laws. But that doesn’t mean there aren’t legal remedies or divorce-like solutions. In fact, an experienced Asheville divorce lawyer can help resolve these matters with many of the same tools used in uncontested divorces.
This blog explores what happens when unmarried partners in Asheville purchase property together and later separate. It examines legal theories, remedies, and practical solutions for couples seeking a fair and final division of jointly owned real estate—without the need for litigation.
Why Unmarried Couples Face Unique Legal Challenges
When a married couple in North Carolina divorces, they are protected by the state’s equitable distribution statute. The court evaluates and divides marital assets—including real estate—according to a range of statutory factors.
Unmarried couples, however, are not protected by these laws. If they jointly purchase property and later separate, they must rely on contract law, real estate law, and equitable principles to resolve disputes. This means that:
- There is no automatic right to “equitable” division
- Courts do not presume shared assets should be split evenly
- Cohabitating partners must prove their legal interests through title and financial documentation
That’s why it’s critical for unmarried couples in Asheville to understand how property rights are created and how to resolve ownership disputes when the relationship ends.
How Is the Property Titled? Why It Matters
The starting point in any property division analysis for unmarried couples is the deed. How the home is titled controls what rights each person has in the property and how it may be divided if they separate.
Here are the most common ways property is titled:
1. Joint Tenants with Right of Survivorship (JTWROS)
In this form of ownership, both parties have equal rights to the entire property. If one dies, the other automatically inherits the full interest—regardless of what any will or estate plan says. It is often used by married couples but is also available to unmarried partners.
Key features:
- Equal ownership
- Automatic transfer upon death
- Both parties must agree to sell or transfer
2. Tenants in Common (TIC)
With this structure, each party owns a percentage of the property—often 50%, but not necessarily. That interest can be sold, transferred, or passed to heirs. This form is common among friends, siblings, and unmarried couples.
Key features:
- Ownership percentages can be unequal
- No automatic transfer upon death
- Either party may force a sale through partition
3. One Party Holds Title Alone
Sometimes only one partner’s name appears on the deed, even if both contributed to the purchase or mortgage. This can happen for credit reasons or due to oversight. But legally, only the person named on the deed owns the property—unless the other can prove a separate legal interest.
The Role of the Mortgage
It’s important to understand that the deed and the mortgage are separate documents. The deed shows ownership. The mortgage shows responsibility for repayment.
You can be on the deed and not the mortgage. You can also be on the mortgage but not the deed. For example:
- If you’re on the mortgage but not the deed, you’re liable for the debt but have no legal ownership.
- If you’re on the deed but not the mortgage, you own the home but may not be personally liable for the loan.
This disconnect can create major headaches during a breakup and must be addressed in any separation agreement or legal action.
What Happens When Unmarried Couples Separate?
If an unmarried couple in Asheville separates after purchasing a home together, they typically face several issues:
- Who gets to keep living in the house?
- Who is responsible for the mortgage?
- Should the home be sold?
- How are sale proceeds divided?
- What happens if only one person wants to keep the home?
Unlike divorce proceedings, there’s no automatic court process to resolve these questions. Instead, the parties must negotiate a resolution or seek help from an Asheville divorce lawyer to file a civil action.
Legal Remedies Available to Unmarried Couples
Although the equitable distribution statute doesn’t apply, there are several legal options available to unmarried couples who need to divide property:
1. Partition Action
North Carolina law allows any co-owner of real estate to file a partition action, which forces the sale or division of the property.
There are two types of partition:
- Partition in kind: The property is physically divided between the owners (rare in residential cases)
- Partition by sale: The court orders the property sold and the proceeds divided
This is often the remedy of last resort and can be time-consuming and costly. It should generally be avoided if a negotiated agreement is possible.
2. Constructive Trust or Resulting Trust
If only one person holds title but the other contributed to the purchase or improvement of the home, the non-titled partner may claim an equitable interest under the theory of a constructive trust or resulting trust.
To prove this, the claimant must show:
- Contributions to the down payment, mortgage, or major improvements
- That the contributions were made with the expectation of shared ownership
Courts may award a financial interest or force a sale depending on the circumstances.
3. Unjust Enrichment or Quantum Meruit
If one partner has received a benefit from the other’s contributions and it would be unfair to allow them to retain it without compensation, the court may award damages based on unjust enrichment.
This theory can be used when:
- One partner paid the mortgage or property taxes for years
- The other reaped the benefit without contributing
- There’s no contract, but equity demands relief
An Asheville divorce lawyer can help determine whether these legal theories apply and how to assert them properly.
Uncontested Divorce-Like Solutions for Unmarried Couples
While there’s no divorce court for unmarried partners, many of the same tools used in amicable divorces can be adapted to cohabitating couples.
Here’s how:
1. Cohabitation Agreements
Ideally, couples should sign a cohabitation agreement before buying property. This contract outlines:
- Ownership percentages
- Responsibility for mortgage and expenses
- What happens if the relationship ends
- Buy-out terms or sale requirements
It’s like a prenuptial agreement for unmarried partners. If properly drafted, it provides clear answers to future disputes and allows for smooth separation.
2. Property Settlement Agreements
If a couple is already separating and needs to divide property, they can sign a property settlement agreement, which functions like a marital settlement.
The agreement can specify:
- Who keeps the home
- When it must be sold
- How proceeds or losses are divided
- How debts are paid
- Whether one party will refinance to remove the other from the mortgage
An Asheville divorce lawyer can prepare or review the agreement to ensure it is enforceable and properly reflects each party’s rights.
3. Mediation or Private Negotiation
Mediation is an excellent tool for unmarried couples seeking an uncontested resolution. A neutral mediator helps the parties reach an agreement, which is then reduced to a written contract.
Advantages include:
- Privacy
- Control over the outcome
- Lower cost than litigation
- Preservation of goodwill
Mediation is often successful when both parties are motivated to resolve the matter fairly and without court involvement.
Common Scenarios and Solutions
Scenario 1: Jointly Titled, Unequal Contributions
Couple buys a house together. Both names are on the deed, but one party paid 80% of the down payment and most of the mortgage. There’s no cohabitation agreement.
Solution: The parties can negotiate a property settlement agreement that reflects their financial contributions. If they can’t agree, a partition action may be filed—but equitable claims for unequal contribution may be raised.
Scenario 2: One Party Titled, Other Contributed
Only one name is on the deed, but the other party contributed cash for the down payment and made mortgage payments.
Solution: The non-titled party may have a claim for resulting trust or unjust enrichment. A negotiated buyout or settlement agreement is usually preferable to litigation.
Scenario 3: Parties Want to Sell the Home
Both names are on the deed, and both agree to sell the home and split the proceeds.
Solution: The parties can sign a simple agreement outlining the terms of sale, division of net proceeds, and handling of expenses. A local real estate agent can assist with the listing.
Tax Considerations When Dividing Property
Property sales can trigger tax consequences, even in the context of a breakup. Potential issues include:
- Capital gains: If the home has appreciated significantly, one party may owe capital gains tax upon sale.
- Mortgage interest deduction: Who gets to claim it?
- Property taxes: How are they divided for the year?
Tax consequences should be evaluated before finalizing any agreement. An Asheville divorce lawyer can collaborate with financial professionals to ensure the best outcome.
Preventing Problems: Tips Before You Buy a Home Together
- Put both names on the deed if you want shared ownership
- Discuss how expenses will be divided
- Create a cohabitation agreement with clear exit terms
- Decide what happens if one party wants out
- Consider joint bank accounts for home-related expenses
- Keep records of contributions, repairs, and payments
These steps can prevent future disputes and provide clarity if the relationship ends.
Working with an Asheville Divorce Lawyer
While you may not need a divorce, an Asheville divorce lawyer with experience in property and family law can guide you through the legal options available. Services may include:
- Drafting or reviewing cohabitation or property settlement agreements
- Advising on title and mortgage issues
- Negotiating a buyout or sale
- Initiating or defending a partition action
- Asserting equitable claims based on contributions
- Structuring tax-efficient solutions
Taking action early can preserve your rights, prevent disputes, and provide a clear path forward during an emotional time.
FAQ
Can I force the sale of a home if my name is on the deed but we aren’t married?
Yes. You may file a partition action in North Carolina, which can result in a court-ordered sale and division of proceeds.
What if only one of us is on the deed, but we both paid for the home?
The non-titled partner may have an equitable claim under a resulting trust or unjust enrichment theory.
Can we split the house fairly without going to court?
Yes. You can negotiate a private property settlement agreement or use mediation to reach an uncontested resolution.
Do unmarried couples have the same property rights as married couples?
No. North Carolina’s equitable distribution law only applies to married spouses. Unmarried couples must rely on real estate and contract law.
What is a cohabitation agreement?
A cohabitation agreement is a contract that defines each partner’s rights and obligations when living together, especially when buying property jointly.
Is a verbal agreement about property enforceable?
Possibly, but it’s much harder to prove. Written agreements are strongly preferred.
Can we include terms about pets, furniture, and personal property?
Yes. A property settlement agreement can address any jointly owned assets, not just the home.
Will my credit be affected if my ex-partner doesn’t pay the mortgage?
Yes, if your name is on the mortgage, your credit can be harmed by missed payments—even if you no longer live in the home.
How do we handle the mortgage if one person keeps the home?
Typically, the staying party agrees to refinance the loan within a set period to remove the other from the obligation.
Do I need a lawyer if we agree on everything?
Yes. An Asheville divorce lawyer can ensure your agreement is legally enforceable and that you don’t overlook important legal or financial issues.
The McKinney Law Group: Your Asheville Partner for Simple, Agreed-Upon Divorces
Uncontested divorce offers a respectful way to move on. Our Asheville legal team prepares all necessary documents and guides you through the legal steps with confidence and professionalism.
Call 828-929-0642 or email [email protected] for a smooth resolution.