Non-traditional Families

Dissolution of Partnership Actions

When married couples split up, there is an entire body of law devoted to how property and debt will be divided, and how maintenance (alimony) will be paid.

When non-married partners split up, there is little law to guide them or judges in how to split property and debt (unless the parties have a written domestic partnership agreement). Non-married partners cannot make a claim for maintenance, but can make a claim for palimony.

As a result, the legal aspect of non-married partner break-ups is complex. Instead of divorce laws, there are partition actions, claims for a finding of a constructive or resulting trust, claims of a joint venture, replevin actions, evictions, breach of contract claims, and unjust enrichment claims. Instead of a trial to a court, there can be a jury trial. Instead of a "fast track" process, there is the very long and cumbersome civil court process.

There is, however, new case law from the Colorado Supreme Court that we think makes things easier. Under this new case, Lewis v. Lewis, 07 SC 134 (August 18, 2008), the Court held that if one person received a benefit at the other person's expense and the persons are close family members or confidants with a mutual purpose, one person can make a claim against the other if there is a significant deviation from the mutual purpose. Translating into the non-married partner scenario, if a couple acted upon an agreement to share and share alike, the breaking of that agreement may allow one partner to make a claim against the other.

Legal matters involving property and debt disputes between non-married partners come with a lot of uncertainty. It is extremely important in these cases to seek counsel from an attorney with knowledge and experience in these areas.