"The Break-Up" and Unmarried Clients
This past weekend I saw The Break-Up, the Jennifer Aniston-Vince Vaughn comedy about an unmarried couple that decides to part ways. One of their problems involves the condo that they bought together -- each of them feels entitled to it. (At one point Vince Vaughn says something like the following to their realtor: "I've thought about it, and the only fair thing would be for her to move out and pay me some kind of penalty.")
Dealing with unmarried clients and their property is difficult for attorneys. Unmarried couples have either chosen to have a less formal relationship than married couples, or (in the case of same-sex couples) have been prevented from having a more formal relationship. As a result, many of them don't think about taking other steps (like executing Wills and trusts, or creating a co-tenancy agreement for jointly-owned real estate) that can make the relationship more formal. Helen W. Gunnarsson talks about this issue in June's edition of the Illinois Bar Journal, in an article called "What to Do When There's No 'I Do.'" (I can't tell, but access to this article may be restricted to members of ISBA (the Illinois State Bar Association.)
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