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How is a Land Contract Assigned to One Party if Signed Jointly by an Unmarried Couple?

If an unmarried couple decides to split up and both persons are in disagreement as to whom should continue the interest in an ongoing land contract, the maker and holder of that land contract would be wise to require specific documentation of the resolution of such an issue before making any changes to that contract.

Of course, this assumes that the land contract holder is willing to make changes to the existing contract; a split by the unmarried couple does not require a change to the terms of the contract unless the contract addresses such an issue in advance.

The unmarried couple should provide either 1) a binding agreement signed and notarized by both parties;  or 2) a court order detailing the resolution of the issue before the maker of the land contract changes the terms of an existing note and contract in relation to those parties.

If the two persons in a land contract are not married, a court order would only be generated if a lawsuit is filed by one of the parties for the resolution of property division issues.

So unless the unmarried couple wants to resolve the land contract issue in court (with all of the time and expense such a lawsuit would entail), they might be wise to sit down and work out a financial arrangement related to the land contract, then provide that agreement to the land contract holder in writing.

To create a new land contract with only one party named once a resolution is secured, see Standard Legal’s Land Contract legal forms software page.

If they cannot reach an agreement on their own, the separating parties may wish to find a local attorney to help them. To find an attorney for FREE, visit Standard Legal’s Attorney Find Page.

Land Contract Questions  ·  September 8th, 2010

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