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When is it Important for an Unmarried Couple to Make a Written Property Agreement?
Unmarried cohabitating couples do not have the same legal rights regarding property ownership as married couples. Due to this fact, it is important for unmarried couples to create a written agreement regarding rights to income, benefits and property. This type of agreement is especially important if one of the partners dies; a written agreement may protect the other party by transferring ownership of personal property. Without such an agreement, an individual may end up losing his or her home or other assets. Another reason for cohabiting individuals to have a written property agreement is to protect each person in the event that the relationship ends. A property agreement will protect against later disagreements, arguments and a possible legal dispute; the court will generally uphold the specifics in the agreement and divide the property accordingly. If there is not a property agreement, generally, the individual who holds the property in his or her name will own the property. In the event of that person’s death, the property would most likely pass to his or her heirs at law.
What should a property agreement include?
Some states have specific statutes regarding agreements between unmarried cohabitating couples. A common requirement is that the agreement be in writing and signed by both of the individuals. Additionally, both parties must have the capacity to enter into a contract and that contract must have consideration that is not based on the couple’s sexual relationship.
When a cohabitating couple enters into a written property agreement, there are some requirements that they should include, such as:
- The intent of each party to enter into the agreement, full disclosure of financial worth for each party
- The jurisdiction applicable to the agreement (regardless of where couple resides)
- A list of separate property owned by each individual (this may mean property owned individually prior to the relationship or property acquired during that relationship that will be owned separately)
- A explicit division of the property in the event that the relationship does not last (the couple separates)
- The parties may also want to add alternatives, such as mediation, in case there is an argument regarding property at a later date.
It is also important that each party have his or her own attorney when entering into a written property agreement. This can ensure that each party’s interests are represented and that the contract is not entered into by one party under duress, threat or pressure.
What are some special issues for same-sex couples?
Generally, the courts will uphold contracts between unmarried cohabitants regardless of sexual orientation. In the past, some courts have not recognized property-sharing relationships between unmarried persons (homosexual or heterosexual). This view has been rejected by the courts; the unmarried or sexual status of the persons entering a property agreement is not the source of consideration for that agreement and has no basis on the agreements’ legal validity. In the past, other courts have also ruled that property agreements between same-sex couples are invalid due to public policy. However, this viewpoint has been rejected as well and is not a compelling legal argument.
Copyright © 2008 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
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How Does an Asylee Apply for Permanent Residence?
Those who have been admitted to the US as asylees have the option of applying for legal permanent resident status after remaining in the US for one year after receiving asylum. Legal permanent residency provides more protections and rights than asylee status, so it may be in an individual's best interests to apply for permanent residence once he or she meets the eligibility criteria.
Eligibility Requirements
In order for asylees to be eligible to apply for legal permanent residence status, they must meet four conditions:
- Asylees must have been physically present in the US for one year following the grant of asylee status.
- Asylees must continue to meet the definition of a refugee. A refugee is defined under US immigration laws as a person who is unable or unwilling to return to his or her home country because of past persecution or a well-founded fear of future persecution based on his or her race, religion, nationality, membership in a particular social group or political opinion.
- Asylees may not have abandoned his or her status. This could happen if the asylee left the US for an extended period of time or returned to his or her home country.
- Asylees may not have been firmly resettled in any other foreign country. "Firmly resettled" means that the asylee has entered another country and received an offer to remain there as a permanent resident, citizen or other type of permanent resettlement.
Once asylees meet these eligibility requirements, then they can file for legal permanent residence.
Filing Process
Asylees seeking permanent resident status must file an Application to Register Permanent Residence or to Adjust Status (Form I-485) with the US Citizenship and Immigration Services (USCIS). Currently, it takes the USCIS anywhere between 9-12 months to process these applications.
As part of the application process, asylees must provide the following information with their applications:
- Evidence of their asylee status (this could include a copy of the asylee's I-94 form or a copy of the letter granting asylum)
- Evidence of the asylee completing one year of residence in the US (this could include a copy of a lease, a letter from an employer, a school record or other document showing the asylee has been in the US for the required time period)
- Evidence of any absences from the US during the one year of residence, such as travel stamps in the asylee's passport or other travel documents
The asylee also will need to provide a copy of his or her birth certificate, or if none exists, a document serving as a birth record. If the asylee has married or otherwise changed his or her name legally since entering the US, he or she will need to provide evidence of the name change.
Applicants also will have to provide a completed Medical with Vaccination Supplement form (I-693) with their permanent residence status. This form must be completed by an USCIS-approved US doctor. For a list of available doctors to complete this form, contact the USCIS.
Asylees may be required to provide other documentation in addition to that listed here. It is important to fill out the application completely and provide all of the information requested. Any failure to do so can result in a delay in processing. For more information on applying for permanent residence, contact an experienced immigration attorney.
Copyright © 2008 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.
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