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Last page edit 02/05/08
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Handling Disputes During a Break Up Living
Together Contracts Unmarried cohabitants who have entered into a valid living-together contract have a legal foundation upon which to negotiate subsequent disputes such as division of property and reallocation of debt. Try to gain compliance with your agreement voluntarily, or think about using mediation. Mediation is a non-adversarial process of helping people reach a voluntary agreement prior to litigation. Mediation can be used to resolve issues concerning child custody, property division or other family matters. In Maryland, the circuit courts have mediation programs to assist parties in resolving custody or visitation issues of a minor child. Private mediators may also be accessed to assist partners. Contact the Association for Conflict Resolution at (202) 667-9700 or visit its web site at www.acresolution.org to get a referral to a mediator. In addition, many communities have mediation centers. If mediation does not work, the courts will enforce a valid contract. Remember that certain contracts or contract terms are unenforceable or have limited enforceability. For example, contract provisions related to children are reviewable by a court in accordance with the “best interest” standard. Also contracts related to a promise to marry are not enforceable. Finally, contracts made in consideration of sexual services are not enforceable. If you do not have a living-together contract, you can still avail yourself of the court’s resources to settle some disputes. For example, if you and your partner purchase real property together, you can petition the court to partition the property or in lieu of partition, sell the property and divide the proceeds. If your previous cohabitant still has personal property that belongs to you, you can file a writ of replevin to regain possession of your property. This action must be filed in the District Court[1] either in the county where your previous cohabitant lives or in the county where the property sought to be recovered is located.[2] Be ready to describe the property you want back and place a value on it. It would also help if you have pictures of the property, receipts, or witnesses who can testify about who owns the property. Finally, many disputes arise over apartment leases. Without a prior agreement, it often is not clear who will move out, who will be responsible for payment of rent through the term of the lease, and what will happen to the security deposit. From the landlord’s perspective, each person in the apartment is liable for the full amount of the rent and damage to the property. The landlord is under no obligation to return the security deposit until all of the occupants on the lease leave the apartment. If these issues are not worked out prior to moving in together, you will likely have to work these issues out at an emotional time without any leniency from the landlord. [1] Md. Code Ann., Courts and Judicial Proceedings § 4-401(6)(i) (1957). [2] Md. Code Ann., Courts and Judicial Proceedings §§ 6-201(a) and 6-202(5) (1957). Source: This section is drawn from the booklet entitled "Legal Rights of Unmarried Cohabitants in Maryland" produced by and available from The Women's Law Center. Updated 7/10/01. Source: Maryland State Law Library (MSLL) Last Legal Update: 02/05/08 (PLL/M.A.J) |
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