If your state does not require the agreement to be in writing, then an oral agreement will be enforceable - if you can prove it. How do you prove an oral agreement? By testimony of the people who made the agreement or heard it made. If there is a dispute as to what was said, then the judge or jury will decide who is telling the truth. People sometimes say, "It's your word against mine, so you can't prove it". Not true. If his word is believed and your word isn't, then he proved it!
"Implied" agreements
If you didn't make an express agreement, you still might be able to prove that you made an implied agreement - if you can show that the way you conducted your affairs makes it clear that you intended to share your property. For example, if you and your partner opened a joint bank account, deposited your salaries into that account, and used the account to pay for purchases and expenses, that might be enough for a judge to imply an agreement to share all your income. An agreement might be implied from the fact that you and your partner contributed equally to the mortgage payments on a house you bought together.
What if we have no agreement at all?
If there is no agreement at all, don't lose all hope. Some states and some cities have laws relating to domestic partners that give unmarried couples some of the same rights that married couples have. Also, some employers allow an unmarried partner to participate in a health plan or other benefit offered to the employee.
Should I see a family law attorney?
These issues can be very complicated, and the legal requirements can be quite technical. If the property involved is worth much money, it is well worth your while to consult a lawyer who specializes in family law to make sure that your legitimate interests are protected.
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