Becker & Poliakoff

Breaking Up Is Hard to Do: Who Gets Credit for the Deposit When Unmarried Couples Partition a Home?

Breaking Up Is Hard to Do: Who Gets Credit for the Deposit When Unmarried Couples Partition a Home?

Every 1 in 3 Millennials purchased a home in 2018, and yet only 36% of Millennials were married. It’s getting more and more common for this generation to choose to purchase a home together as boyfriend/girlfriend and take title as joint tenants with right of survivorship. But, what happens when they breakup and cannot agree to amicably sell their home, or the home is upside down and can’t be reasonably sold on the market, especially when the home is one of the largest joint assets they have?  Who is entitled to what? And does the fact that they bought the home while in the throes of love, starry eyed about a future together, but unmarried, make a difference? According to the Third District Court of Florida, it does. In fact, it may make a huge difference in the split of the asset.