Do unmarried couples have property rights in the US?
Unmarried cohabiting couples generally do NOT have automatic property rights under state marital property laws (except the handful of states recognizing common-law marriage). Property is divided based on: legal title (who owns it), express or implied contracts between partners, and equitable claims like unjust enrichment. Only 9 states still recognize common-law marriage.
What states recognize common-law marriage?
As of 2025, common-law marriage is recognized in: Alabama, Colorado, Georgia (before 1/1/1997), Idaho, Iowa, Kansas, Montana, New Hampshire (inheritance only), Ohio (before 10/10/1991), Oklahoma, Pennsylvania (before 1/1/2005), Rhode Island, South Carolina, Texas, and Utah. In these states, couples who meet the requirements are treated like married spouses for property division.
What is palimony and can I claim it?
Palimony is support paid by one unmarried partner to another after separation. It originated from the California case Marvin v. Marvin (1976), which recognized that non-marital partners can enforce express or implied agreements for financial support. Most states allow palimony claims based on contract, but few will imply a support obligation without evidence of an agreement. A cohabitation agreement is the best protection.