Rights of Cohabiting Unmarried Partners

Question 1

Determining ownership of property

Answer 1

• Formal legal title will determine, UNLESS successfully challenged by the untitled cohabitant
  
  • Challenger can claim:
    
    • an express contract between cohabiting persons that overrides the formal legal title designation;
    • an implied-in-fact contract between parties; or
    • constructive trust in appropriate circumstances, involving fraud, undue influence, or breach of a confidential relationship and unjust enrichment.