Agreement between Parties Living Together but Remaining Unmarried with Regard to Sale of Residence - Illinois 2025

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Are you legally married after living together for 7 years? To be clear, you cannot enter into a common law marriage in Illinois, no matter how long the relationship lasts. Even if it did, the idea that a common law marriage kicks in automatically after a certain amount of time is a myth.
Property Ownership for Unmarried Couples As recently as 2016, the Illinois Supreme Court reaffirmed that unmarried partners have no rights to the other partners property if the couple breaks up.
If you arent married, you wont need a legal separation or divorce to formalise your separation. Those are only possible for married couples or civil partners. However, you may benefit from having a separation agreement drawn up to outline your financial split.
In Illinois, unmarried individuals are legally considered to be single. That means that all personal property that an individual has when he or she enters a relationship, including pets, belongs to him or her when the relationship ends.
A cohabitation agreement is a legal contract between unmarried partners, outlining the management of financial responsibilities and property division in the event of separation or death.

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Cohabitation agreements are not enforced in the State of Illinois due to a public policy agenda that does not recognize unmarried couples as having rights or obligations similar to those enjoyed by married couples.
Under Illinois law, a party can only be kicked out by court order and the court will only order it if not doing so would harm the physical or mental well-being of a spouse or child. The order can determine whether a party should have sole access to the home and if a party needs to be kicked out.

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