what normally happens with property and assets when a domestic partnership ends. are the rules that each keeps what can be proven as their's when things are divided up or can one party ask that at all assets should be totaled and the divided by half or something like that especially if one party is wronged
Country relating to Question: United StatesState (if USA): MaineWhat have you tried so far?: nothing yet
-Could you explain your situation a little more?Is this a legal relationship or simply two persons living together?
joan and i have been living together as "husband and wife" since 1989
Dear JACUSTOMER - Since Maine does not recognize Common Law Marriage there are no domestic relations laws that would apply in your situation. I understand the relationship however legally it is no different that two unrelated persons sharing a home. So dividing the assets will either be by agreement or, in the case of titled property such as real estate or vehicles, the property would belong to the person who has title. Whatever cannot be agreed upon would or could become the basis of a lawsuit and be subject to a decision by a court. This would simply be a suit in civil court and would not be under the jurisdiction of the domestic relations court.
Who is "at fault" is not an issue since there are no laws that would determine what "fault" is in this situation. Of course if there is some written contract that has been breached that would be different but I assume that is not the case. There simply are no special guidelines that govern this other than basic contract law as to who owns what. So the only choices you have is to either come up with an agreement or file a civil suit for replevin of property or for damages for the value of the property in dispute.
25 years experience as practicing attorney
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