5 Things to Consider When Buying a Home Unmarried

More couples than ever are buying homes together before getting married — and for good reason. Homeownership is a smart financial move, and waiting for a wedding can mean waiting years in a high-cost rental market.

But buying a home with someone you're not married to comes with unique legal and financial considerations that married couples don't face. Here are five things you need to think through carefully before you buy.

1. How Will You Hold Title?

When two unmarried people buy a home together, how you take title matters enormously — especially if the relationship ends or one of you passes away.

Tenants in Common

• Each owner holds a specified percentage of the property (doesn't have to be equal)
• Each owner can sell or transfer their share independently
• When one owner dies, their share passes to their heirs (not automatically to the co-owner)
• Good for unequal financial contributions

Joint Tenancy with Right of Survivorship

• Each owner holds an equal share
• When one owner dies, their share automatically passes to the surviving owner
• Cannot be sold or transferred without breaking the joint tenancy
• Good for couples who want the property to pass to each other

Which is right for you? It depends on your situation, your financial contributions, and your estate planning goals. Consult a real estate attorney before deciding.

2. What Happens If You Break Up?

This is the conversation nobody wants to have — but it's the most important one. Before you buy, you need a written agreement that addresses:

• Who gets the house? Can one partner buy out the other? At what price?
• What if neither wants to buy the other out? How will the home be sold and proceeds divided?
• What if one partner stops paying their share? What are the consequences?
• What if one partner wants to sell and the other doesn't? How is that resolved?

A cohabitation agreement or domestic partnership agreement drafted by a real estate attorney can address all of these scenarios. It's not romantic, but it's essential.

3. How Will the Mortgage Work?

There are several options for how to structure the mortgage:

Both partners on the mortgage

• Both incomes can be used to qualify for a larger loan
• Both credit scores are considered (the lower score may affect the rate)
• Both are equally responsible for the debt

One partner on the mortgage

• Only that partner's income and credit are used
• The other partner has no legal obligation for the debt — but also no legal claim to the property unless they're on the title
• May be appropriate if one partner has significantly better credit

Important: Being on the title and being on the mortgage are separate things. You can be on the title without being on the mortgage, and vice versa. Discuss the implications with your lender and attorney.

4. What About Unequal Financial Contributions?

If one partner contributes more to the down payment or monthly payments, you need to decide how that's handled:

• Equal ownership regardless of contributions: Simple, but may feel unfair to the larger contributor
• Ownership proportional to contributions: More equitable, but requires careful tracking and documentation
• Loan between partners: The larger contributor "loans" the difference to the other, with a written agreement for repayment

Whatever you decide, document it in writing. Verbal agreements are nearly impossible to enforce.

5. Plan for the Unexpected

Life is unpredictable. Before you buy, consider:

What if one partner dies?

• Does the surviving partner have the right to stay in the home?
• Is the deceased partner's share covered by life insurance?
• Does each partner have a will that addresses the property?

What if one partner becomes disabled or loses their income?

• Can the other partner afford the mortgage alone?
• Is there a plan for temporary financial hardship?

What if you get married later?

• How will marriage affect the ownership structure?
• Will you need to update the title?

The Bottom Line

Buying a home with an unmarried partner can be a wonderful financial and personal decision — but it requires more planning and legal protection than buying as a married couple. The conversations may be uncomfortable, but having them before you buy is far better than having them in the middle of a dispute.

Work with a real estate attorney to draft a cohabitation agreement, choose the right title structure, and protect both partners' interests. A small investment in legal preparation now can prevent enormous problems later.