When Unmarried Couples Split: What Happens to the Property?

When Unmarried Couples Split: What Happens to the Property?

A living trust and estate planning document is sitting on a wooden table next to a gavel.

Introduction: More Couples, More Complexity


In Minnesota and across the country, an increasing number of couples are choosing to build lives together without getting married. They buy homes, start families, share expenses, and create futures—without the legal framework that marriage provides. And when these relationships end, the legal landscape is far murkier than most people expect.


If you're unmarried and own property with your partner—or are thinking about doing so—this blog will explain your legal rights, what to expect in court, and how to avoid costly mistakes. This is first section focuses specifically on property that is jointly titled in both partners’ names and the legal action known as “partition.” The second part focuses on a legal theory called “unjust enrichment” which often forms the basis of claims in these situations after a breakup.

What is a Partition Action?


A partition action is a legal process used to divide property jointly owned by two or more people. In Minnesota, this is governed by Minn. Stat. § 558.01. Partition is not limited to romantic partners—it can apply to siblings, friends, business partners, or any group of co-owners. But it's especially relevant to unmarried couples who co-own a home and later decide to part ways.


Unlike married couples, who resolve property issues in family court through divorce, unmarried co-owners must file a civil lawsuit to partition their jointly owned real estate. The purpose is simple: to either divide the property or force a sale and equitably distribute the proceeds.

How Partition Works in Minnesota


When a partition action is filed, the court will generally take the following steps:

  1. Confirm that the parties are co-owners of the property
  2. Determine whether a physical division is possible (very unlikely for residential properties)
  3. Order a sale of the property
  4. Equitably divide the proceeds—often based on ownership share


It is possible that the person who brings the partition action can recover a portion of the legal fees they incurred in obtaining the partition, but it is up to the Court to decide. If one party refuses to cooperate with the sale or transfer, the court will appoint a referee to oversee the transaction.

Real-World Example: Equal Ownership, Unequal Investment


Consider Sara and Liam, a couple who purchased a home in southern Minnesota for $250,000. Liam paid $40,000 toward the down payment; Sara paid $10,000. Both were listed as co-owners on the deed. After five years, they split. Liam argued he should receive a larger share of the home’s equity because he had paid more initially and contributed more to the mortgage. Liam may succeed in obtaining his larger investment, but Sara can argue that she provided more benefit to the home throughout the relationship to try to equalize the division. Without a written agreement documenting their ownership percentages or financial responsibilities, the court may order the property sold and the proceeds divided 50/50.

Common Mistakes Unmarried Couples Make

  • Assuming payments equal ownership
  • Failing to document contributions
  • Relying on verbal agreements
  • Thinking 'we’ll never break up'
  • Adding someone to the deed without considering the consequences

Avoiding a Legal Battle: Planning Ahead

Here’s how to protect yourself when buying property with a partner:

  • Draft a co-ownership agreement that clearly states ownership percentages
  • Keep detailed records of who pays for what
  • Put side agreements in writing—even informal ones
  • If you split, act quickly—delays can complicate ownership claims

What If You’re Not on the Title?


So far, we've covered what happens when both partners legally co-own property and one partner wants out. But what if only one name is on the deed? It's a common situation: one person owns the home, while the other partner contributes time, labor, or money to the property with the belief that they'll benefit. When those relationships end, the contributing partner often feels blindsided. This is where a legal concept called “unjust enrichment” becomes crucial.

What Is Unjust Enrichment?


Unjust enrichment is a legal concept that allows a person to recover money or value they’ve conferred on someone else—even if there was no written contract—when it would be unjust for the other person to keep that benefit without compensation.

To win an unjust enrichment claim in Minnesota, you must prove:

  1. You conferred a benefit upon the other person
  2. The other person appreciated or accepted the benefit
  3. It would be unjust for them to retain it without paying you back

Case Spotlight: Meadowcroft v. Hepfl (2023)


One of the clearest recent examples of unjust enrichment in the context of unmarried partners is Meadowcroft v. Hepfl, 992 N.W.2d 524 (Minn. 2023). In that case, the plaintiff paid for the construction of a cabin on land owned solely by his partner. The two had been in a romantic relationship for years, and although there was no written agreement, the plaintiff expected to benefit from the property.



After the relationship ended, the property owner kept the cabin—and the plaintiff sued. The Minnesota Supreme Court ruled in his favor, finding that the defendant’s retention of the benefit was morally wrong and awarded him the cash value of the cabin. The Court emphasized that unjust enrichment can apply when there’s a bad motive, moral wrongdoing, or unconscionable retention of value.

Key quote from the opinion:


“Equity may intervene where retention of a benefit would be morally wrong or unconscionable, even without a contract.”

Real-World Situations Where This Comes Up

  • One partner pays to build a garage on land they don’t own
  • Someone furnishes or renovates a house that’s titled to their partner
  • A long-term partner contributes to mortgage payments without being on the loan or deed
  • A partner puts labor or money into building a family cabin, barn, or tiny home

When Unjust Enrichment Claims Succeed (And When They Fail)


Unjust enrichment is a doctrine rooted in equity—meaning it comes from fairness rather than a specific contract or statute. Courts apply it to prevent one party from unfairly profiting at the expense of another. While it's a powerful tool, Minnesota courts are careful not to turn every disagreement or breakup into an unjust enrichment claim. That’s why courts focus not just on whether a benefit was conferred, but whether the retention of that benefit is truly unjust.


Minnesota courts look at a variety of factors when deciding unjust enrichment claims, including:

  • The nature and extent of the benefit
  • The relationship between the parties
  • Whether the benefit was requested or voluntarily given
  • Whether there was any discussion of ownership or repayment
  • Whether the other party acted in bad faith, took advantage, or misled the claimant


It’s important to understand that even if you spent money or contributed labor, your case might fail if the court believes you intended those efforts as gifts, or if the contributions were minimal. That’s why having a record of your expectations—and making them known to the other party—is essential.


What To Do If You’re Not on the Title but Contributed

  1. Gather all evidence of your contributions—receipts, Venmo transactions, texts, emails
  2. Talk to a lawyer before walking away or confronting the other party
  3. Don’t assume you have no rights—especially if the benefit you provided was substantial
  4. Avoid threatening or emotional demands that can hurt your credibility later

How Much Can You Recover?


If successful, an unjust enrichment claim may allow you to recover the fair market value of your contributions. This might include reimbursement for materials, labor, improvements, or even services provided over time. However, you won’t typically recover emotional damages, lost opportunity costs, or speculative future profits.



Courts will attempt to assign a dollar value to the enrichment and determine what’s fair to restore to the claimant. In cases like *Meadowcroft*, where the enrichment was substantial and documented, this can be tens of thousands of dollars. But in smaller claims—like minor renovations or shared groceries—recovery is unlikely.

Can Unjust Enrichment Apply to Personal Property or Business Ventures?


Yes. While real estate is the most common context, unjust enrichment claims can apply to furniture, vehicles, joint accounts, or contributions to a business. If you helped launch a side hustle, contributed to a farm operation, or financed business equipment that remains in your former partner’s hands after a breakup, you may have a viable claim.



The same legal principles apply: if your investment created measurable value, and it would be unfair for the other party to retain it without compensation, the court may award relief.

How Birkholz & Associates, LLC Can Help

If you're thinking about buying property, building a cabin, or starting a business with your partner—whether romantic or not—now is the time to talk to a lawyer. A short conversation could save you thousands in legal fees, protect your financial contributions, and give you clarity and peace of mind.


At Birkholz & Associates, LLC, we help clients throughout Minnesota:

  • Draft fair and enforceable agreements between unmarried partners
  • Navigate co-ownership and contribution issues
  • Pursue or defend partition and unjust enrichment claims when relationships end
  • Protect long-term investments in homes, businesses, and personal property


Every relationship is different, and so is every legal claim. We take the time to understand the facts, the relationship dynamics, and the documentation you have—or don’t have. We know how to frame your case for success and guide you through the court process.


In addition to litigation, we offer negotiation and mediation support to help resolve disputes without a trial. Many cases settle once both sides understand the strengths and weaknesses of their positions.



Whether you’re planning ahead or trying to sort things out after a breakup, you don’t have to do it alone. We can help you understand your rights—and more importantly, protect them. 

Final Thoughts and Legal Support for Your Next Step

Disputes between unmarried couples over property, money, and ownership are often more complex than they appear. Whether you're co-owning a home, contributing to property you don't legally own, or unsure how to protect your financial interests in a relationship—planning and legal documentation make all the difference. A handshake and trust may work in the short term, but they rarely hold up in court.



Minnesota law offers tools like partition and unjust enrichment to resolve these disputes, but success depends on preparation, evidence, and strategy. At Birkholz & Associates, LLC, we’re here to guide you through the process with clarity, compassion, and deep knowledge of Minnesota property law.


Let’s make sure your relationship decisions don’t become legal regrets.