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I have been in a same sex relationship for 7 years and

Customer Question
I have been in...

I have been in a same sex relationship for 7 years and jointly own property, have a joint will and a joint investment account. There isn't a domestic partnership or same sex marriage. I want to end the relationship and would like to understand my legal position on joint property as well as the joint investment account. I have financially contributed significantly more in both property and investment accounts

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I'm in MD

Lawyer's Assistant: Has anything been filed or reported?

Not at this time

Submitted: 1 month ago.Category: Family Law
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1/5/2018
Family Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 36,294
Experience: 30 plus years of experience.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Family Lawyer: Loren, Lawyer replied 1 month ago

If the assets are jointly titled then you both, presumably, have equal rights in ownership, unless there is a written agreement to the contrary.

It you separate, you still both have those ownership rights and you would need to negotiate a distribution of the property.

If you can not reach agreement, one or both of you would need to file for an order of partition in which the court would supervise a buyout by one party or a sale to third party and division of proceeds.

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Customer reply replied 1 month ago
In the joint investment account there’s a clear record of deposited funds by each party. Do I️have any legal exsposure
Family Lawyer: Loren, Lawyer replied 1 month ago

Since there is a record of who deposited the funds it would make it easier to make a case to equitably divide the account along those lines, but, be aware, if it is a joint account, it is legally equally owned by both joint owners and either party can empty the account unless otherwise stated in the account agreement.

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Customer reply replied 1 month ago
what about the joint investment account - there is a clear record of financial contributions by each party. I have invested significantly more than the other party -- do I have any legal risk of securing all of my investments upon dissolving the relationship
Family Lawyer: Loren, Lawyer replied 1 month ago

Since there is a record of who deposited the funds it would make it easier to make a case to equitably divide the account along those lines, but, be aware, if it is a joint account, it is legally equally owned by both joint owners and either party can empty the account unless otherwise stated in the account agreement.

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Customer reply replied 1 month ago
Do you have a recommendation for a legal firm that handles joint same sex relationship separations?
Family Lawyer: Loren, Lawyer replied 1 month ago

An attorney could help facilitate the division of property.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Family Lawyer: Loren, Lawyer replied 1 month ago

Did you have further questions? Have I answered your question? Please let me know.

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Family Lawyer: Loren, Lawyer replied 1 month ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Category: Family Law
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