Common Law Relationships & Division of Property

If you’re in a common law relationship and facing the challenging process of dividing property, understanding your rights and legal options is crucial. Common law relationships differ significantly from formal marriages in terms of property division, and navigating these complexities can be overwhelming without proper legal guidance. Whether you’re just starting to understand how the law applies or need professional assistance, reaching out to a mediation attorney in Orlando, FL, can help resolve disputes efficiently and fairly.

This blog will explore everything you need to know about common law relationships, property division, and why mediation might be the best solution.
 

What Is a Common Law Relationship?

A common law relationship, also known as a non-marital partnership or cohabitation, occurs when two people live together in a committed, marriage-like relationship without formally getting married. It's essential to note that Florida does not recognize common law marriages unless they were established before 1968. However, if couples move to Florida from a state that recognizes common law marriages, their relationship may still hold legal standing.

Key Characteristics of a Common Law Relationship:

• The couple lives together for a significant period.
• They present themselves as a married couple to family, friends, or the public.
• They share finances, assets, and possibly purchase property together.

While these relationships can feel as binding as a traditional marriage, Florida’s lack of common law marriage recognition poses unique challenges when it comes to property division.
 

How Is Property Division Different in Common Law Relationships?

Unlike married couples, for whom property division is guided by Florida’s equitable distribution rules, common law couples do not have built-in legal frameworks for splitting property in the event of separation. Instead, the process relies heavily on proving ownership rights and agreements made during the relationship.

Here are the primary factors to consider:

1. Property Ownership

Ownership of property in a common law relationship often boils down to documentation. For example:

• Whose name is on the deed for the house?
• Who holds the title to the car?
• Whose name is on joint bank accounts or other financial investments?

If an asset is owned solely by one partner (and no shared agreements are in place), resolving disputes could become complicated.

2. Verbal and Written Agreements

Couples in common law relationships may have verbal agreements or informal understandings about splitting property if the relationship ends. However, claims based on verbal agreements are difficult to prove in court. Written agreements or cohabitation agreements often provide clearer protection and certainty for both parties.

3. Financial Contributions

When couples separate, each partner’s financial contributions toward specific assets—such as mortgage payments or business investments—may come under scrutiny. A mediation attorney can help evaluate these contributions to ensure a fair division of property.
 

Why Mediation May Be the Best Option for Common Law Property Disputes

Property disputes are one of the most contentious aspects of any relationship breakdown. Mediation is an effective alternative to litigation that not only saves time and money but also fosters cooperative solutions.

A mediation attorney in Orlando, FL, acts as a neutral, professional intermediary to help couples reach mutually satisfactory agreements on property division. There are numerous benefits to choosing mediation over courtroom battles.

Advantages of Mediation for Common Law Couples:

• Cost-Effective: Mediation generally costs less than going to court.
• Confidential: Mediation is a private process, whereas court proceedings are public records.
• Collaborative: Both parties work together to create solutions rather than fighting in court.
• Time-Saving: Mediation is often quicker than lengthy litigation processes.
• Customized Outcomes: Mediation allows couples to create agreements tailored to their unique circumstances, ensuring no one-size-fits-all solutions are imposed.
   

What to Expect During the Mediation Process

When you choose to resolve your property division disputes through mediation, here’s what the process typically entails:

Step 1. Initial Consultation

During the first meeting, the mediator gathers information about the relationship, shared property, and the goals of each party. This helps structure how the sessions will proceed.

Step 2. Identifying Disputed Assets

The mediator helps both parties clarify what assets are in dispute and what ownership documentation exists for each item.

Step 3. Negotiating Property Division

Through guided conversations, the couple negotiates how to divide property. An experienced mediation attorney in Orlando, FL, ensures that all decisions meet legal standards and considers each party's best interest.

Step 4. Finalizing Agreements

Once an agreement is reached, the mediator drafts a written document outlining the terms. Couples are encouraged to consult with individual legal advisors before signing to ensure the agreement is fair and enforceable.

Step 5. Closure

Upon signing the agreement, it becomes legally binding and enforceable. This allows both parties to move on without lingering disputes.
 

How an Experienced Mediation Attorney in Orlando Can Help

Navigating property division without formal marriage laws can be stressful and emotionally taxing. Working with a skilled mediation attorney in Orlando, FL, is an essential step toward achieving a fair and equitable resolution.

The Role of a Mediation Attorney:

• Clarifying Property Rights: A mediation attorney explains complex ownership rules and Florida property laws.
• Drafting Agreements: They ensure agreements are legally sound and properly documented.
• Providing Neutral Facilitation: Neutrality is essential for successful mediation, and an attorney brings professionalism and balance to the discussions.
• Reducing Conflict: Disputes between partners can quickly escalate—lawyers trained in conflict resolution facilitate calm and productive conversations.
   

Protect Your Rights and Achieve a Fair Outcome

If you're facing property disputes after the end of a common law relationship, don’t wait to seek professional assistance. Mediation offers a less adversarial, more cost-effective way to resolve disagreements without the stress of going to court. By working with a mediation attorney in Orlando, FL, you can make informed decisions that protect your assets and pave the way for an amicable transition.
 

Contact Ilvento Law for Assistance

At Ilvento Law, we specialize in helping individuals and couples resolve their most challenging disputes with compassion and legal expertise. Our team prides itself on offering a welcoming environment where clients feel heard. Whether you’re just starting to learn about Florida property laws or ready to begin solving disputes, we’re here to assist.

Schedule a consultation today and take the first step toward clarity and resolution in your common law property division process.