Do unmarried cohabitating couples have any property rights or the right to receive compensation for services or support provided during the relationship?
The general rule is that unmarried cohabitating couples do not have a claim to property acquired during the relationship. However, depending on the jurisdiction in which relief is sought, nonmarital couples may be entitled under other legal theories to a share in certain property (real estate, professional degrees and licenses, business property and goodwill) or receive palimony / compensation for household services, business-related services, or other services or support provided during the marriage. Legal theories independent of divorce or based on general principles of law include: • The putative spouse doctrine. Under this theory, a party who meets the definition of a putative spouse acquires the same property rights as a legal spouse. • Equity. Under this theory, a court will use equity’s inherent power to ensure fairness and grant equitable relief to an innocent party. A constructive trust is a type of equitable relief that may be appropriate. • Partnership law. Some courts will
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