How will the court apportion the property?
How property acquired during a nonmarital relationship is apportioned depends on the jurisdiction in which relief is sought, the nature of the nonmarital relationship, the type of property for which distribution is requested, and any agreements between the parties. In the absence of an agreement between the parties, a court may order: • Unequal distribution. Relying on equity’s inherent power to ensure fairness, a court may order unequal distribution of property to ensure fairness. • Equal distribution. A court may order equal distribution (50/50) of all property acquired during the relationship. • Partition. Depending on the circumstances under which real property was acquired, a court may treat the parties as tenants in common or joint tenants and partition the property accordingly. • Distribution by statute. If a nonmarital relationship is recognized as a putative marriage, a court may order distribution as if the terminated relationship had been a legal marriage. This type of distr
