Legal Rights of Unmarried Couples in Long-Term Relationships

In Indiana, many of us build lives together without a wedding—sharing homes, raising children, and investing in our future. Yet the law often treats these partnerships differently from marriage.

At The Nice Law Firm, our role as a family law practice is to help unmarried couples understand their rights. We know it can feel unsettling to discover that long-term relationships don’t come with the same legal protections as marriage, and we’re here to explain how couples can protect themselves.

With offices in Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg, we proudly serve unmarried couples across Indiana with trusted legal guidance. If you’re in an unmarried partnership and want to secure your rights and future, contact a family law attorney at The Nice Law Firm today to schedule a consultation.

Ownership of Shared Property

When partners live together and buy property, whose name appears on the deed matters. Indiana law recognizes ownership by title. If both names are listed, both partners are legal owners. If only one appears, that individual is usually considered the sole owner, even if both contributed.

Indiana doesn’t recognize common law marriage. No matter how many years a couple has been together, that status doesn’t exist here. Without documents in place, the law may treat partners like strangers during a dispute.

We often recommend cohabitation agreements. As family law attorneys, we draft these contracts to spell out ownership, contributions, and expectations—so rights are clear before conflicts arise.

Property Division After a Breakup

Unlike divorce, Indiana law doesn't provide automatic rules for dividing property when unmarried partners separate. If one partner moves out, disputes may arise over bank accounts, furniture, or vehicles. Courts look at receipts, deeds, and contracts rather than the relationship itself.

In many cases, civil litigation is necessary. We guide clients in filing partition actions for real estate or claims in small claims court. With a family law attorney advocating for them, unmarried partners don’t have to face these issues alone.

Financial Support and Palimony

Indiana doesn't recognize palimony in the way some states do. One partner can't usually demand financial support after separation. Courts may only consider limited claims if there was a contract—written or implied—where one partner relied heavily on the other’s income.

Because these claims are difficult to prove, we advise clients on whether contract law or equitable claims may apply. A family law attorney can review financial history and provide guidance on the best path forward.

Parenting and Paternity

For unmarried couples raising children, rights work differently than in marriage. The mother automatically has legal custody of a child born out of wedlock. The father must establish paternity to gain custody, parenting time, and decision-making authority.

Paternity can be acknowledged voluntarily or through the courts. Once established, both parents have obligations, including child support. As family law attorneys, we file petitions, represent parents during hearings, and help create parenting plans that meet the child’s needs.

Child Support and Custody

Child support in Indiana is mandatory once paternity is established. Support is calculated using income-based guidelines. Custody and visitation are decided separately, based on what benefits the child most.

Unmarried couples often face the same custody disputes as divorced parents, but without the structure provided by divorce law. We help parents present evidence, negotiate parenting schedules, and request modifications when circumstances change. Having a family law attorney makes the process clearer and less overwhelming.

Healthcare Decisions

Married spouses often have automatic rights to make healthcare decisions for each other in emergencies. Unmarried partners don't. Without legal documentation, hospitals may defer to biological family members.

We prepare healthcare powers of attorney and living wills so partners can make medical decisions for each other. These documents give unmarried couples peace of mind. As a family law firm, we know how important it is for every couple’s wishes to be respected.

Inheritance and Estate Planning

One of the biggest differences between married and unmarried couples is inheritance. In Indiana, unmarried partners aren't automatically considered heirs. Without a will, a surviving partner may have no legal claim to the estate.

Estate planning is essential. Drafting wills, trusts, and beneficiary designations with a family law attorney helps secure financial protection and prevents disputes with extended family. These tools protect each partner’s legacy and future.

Domestic Violence Protections

Indiana law protects victims of domestic violence regardless of marital status. Unmarried partners can file for protective orders if abuse occurs. These orders can remove the abuser from a shared home and restrict contact.

As family law attorneys, we guide survivors through the process of obtaining an order of protection and represent them in court. Legal support helps victims secure safety without unnecessary delays.

Employment Benefits

Unmarried couples often face challenges with employment benefits. Health insurance, retirement accounts, and survivor benefits are typically structured for legally recognized spouses. Some employers extend coverage to partners, but it’s not guaranteed.

We help clients review employment policies and advise on alternatives like private insurance or updated beneficiary designations. With the support of a family law attorney, couples can plan ahead and avoid surprises.

Tax Implications

Tax law treats married and unmarried couples very differently. Partners can't file joint state or federal tax returns without being legally married. This often results in higher liabilities or missed deductions.

Keeping accurate records of expenses and contributions is key. As family law attorneys, we work closely with tax professionals to help unmarried partners can make informed decisions about structuring their finances.

Contracts to Protect Rights

Because Indiana law doesn’t extend marriage rights to unmarried couples, contracts become vital. These agreements can cover property ownership, financial contributions, and household responsibilities.

As family law attorneys, we draft and enforce contracts that clarify expectations. Clear agreements reduce the likelihood of disputes and give unmarried partners a stronger foundation.

Disputes After Separation

When unmarried couples separate, disputes over housing, finances, or children often require legal intervention. Courts rely on documents—contracts, deeds, parenting agreements—rather than marital statutes.

We provide representation during these disputes, helping clients present evidence, negotiate settlements, and advocate for fair treatment. A family law attorney gives unmarried partners the support they need when tensions are high.

Same-Sex Unmarried Partners

Same-sex marriage is legal nationwide, but many same-sex couples remain unmarried. These partners face the same legal challenges as others when it comes to property, custody, and inheritance.

We provide tailored guidance, addressing both state law and federal protections. As family law attorneys, we help couples take steps to strengthen their rights and protect their families.

Why Planning Matters

Unmarried couples may not think about legal protections until problems arise. Waiting until a separation, medical crisis, or inheritance dispute makes the process more difficult.

Planning early is the most effective way to protect each partner’s rights. By consulting a family law attorney, couples can draft agreements, establish paternity, or prepare estate plans while the relationship is strong.

Contact a Family Law Attorney Today

Unmarried couples in Indiana often share lives that look just like marriage, yet the law doesn’t grant them the same rights. Property ownership, custody, inheritance, and financial protections require thoughtful planning.

At The Nice Law Firm, we’re here as your trusted family law attorneys to help unmarried couples take proactive steps. Whether drafting agreements, establishing parental rights, or creating estate plans, we provide the guidance you need today to prevent disputes tomorrow. With our support, you can move forward with clarity and confidence.

With offices in Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg, we proudly serve unmarried couples across Indiana with personalized legal solutions.

If you’re in an unmarried partnership and want to protect your rights and future, contact The Nice Law Firm today to schedule a consultation.