The Unmarried Couple’s Guide To Buying A House Together

In recent years, it has become more common to see unmarried couples buying houses together.

With rising rents, less interest in getting hitched and ever-present economic uncertainty, there may be more incentive for long-term couples to look at practical ways to buy a home without the wedding vows.

However, there are a lot of risks involved in purchasing a house with another person, especially one you’re not married to. It’s a big decision. There are a lot of financial and emotional factors both partners need to take into account before making this big step.

Here are some things you need to think about if you’re considering buying a house as an unmarried couple:

1. Understand The Legalities

While marriage may not make sense for everyone, there are certain legal protections for partners who share a home that come with a state marriage license.

For homeowners who are married, it’s easier to inherit the home if their partner dies intestate, or  hasn’t drawn up a legal will transferring ownership upon their death. Also, if a married couple with a home splits up, marriage may make it easier for a partner to claim a portion of the home as community property or common property.

Partners who are unmarried and buy a house together can set up the legal benefits of marriage, it just may require the time and expense necessary to create a legal agreement that protects both partners.

2. Evaluate Your Relationship

Think about the type of person you’re with. Ask yourself the hard questions:

• How do they handle hardship?
• If you were to break up with this person, would you both be mature enough to figure out who gets the house?
• Are you at a stage in your relationship where you are ready to take this next step?

You also should think about the ways owning a home together will change your relationship or add new challenges to it. Owning a home comes with a lot of new responsibilities and decisions to be made. Make sure you’re ready to take that on as a couple.

If you haven’t lived with this person before, you might want to consider renting together first. You should also consider the reasons why you want to take this step in your relationship. It should be something you both equally want to do. One person shouldn’t be pressuring the other.

Make sure your reasoning for buying a home together is solid. This is a big decision with huge consequences for both of you, and if it doesn’t feel right, it might not be a good idea.

3. Discuss Your Finances

Before you enter into homeownership with another person, married or not, you need to have a brutally honest conversation about finances. Here are some good questions to ask:

• What are their spending habits?
• What’s their credit score?
• How do you plan on splitting up the mortgage payments?
• What if something happens and one person can’t afford their payments?
• How much debt do you both feel comfortable taking on?

Make sure your expectations are aligned, both for your relationship and your finances. Don’t make any assumptions and don’t move forward on the belief that everything will work itself out. Letting potential problems go unaddressed can create resentment, which can hurt your relationship.

If you are buying a house with someone you are not married to, getting crystal clear on the financial details is critical.

4. Get Aligned On The Home You Want To Buy

Make sure you have similar wants for the home you are purchasing together, or at least can come to a compromise. If one of you dreams of living in an old home that’s close to town and the other wants something more modern and secluded, you’re not likely to make it past the house-hunting phase if you can’t find common ground.

5. Decide Who Is Applying For The Mortgage

When looking over each other's finances, determine who has the better credit score, debt-to-income ratio, employment status and income. With a better financial standing, the individual that applies may be able to qualify for better mortgage terms.

You might not think that small differences in the mortgage interest rate matter too much, but a slightly lower rate could save you thousands in interest payments over the course of the loan.

For example, you might be able to find a lender that is willing to work with borrowers that have a credit score of at least 580. But if you have a higher credit score, such as 650, then you’ll likely qualify for better mortgage terms than a partner with a poor credit score and extensive student loans. At that point, you might be better off letting the partner with a better credit score and low debt-to-income ratio apply for the mortgage.

6. Choose The Type Of Ownership That’s Right For Both Of You

There are three different ownership options for unmarried couples. Each type has its own pros and cons, and there’s no one-size-fits-all. If you are a couple buying a house together, talk about your needs as a couple to figure out what makes the most sense for you.

Joint Tenancy

Joint tenancy is one type of ownership where multiple owners share an equal stake in the home. Joint tenancy can be beneficial since it ensures that both partners have equal rights to the property.

As joint tenants with right of survivorship, if one owner dies, their share of the home is transferred to the other owner.

Tenancy In Common

Tenancy in common is a type of ownership where each person on the deed owns a specified percentage of the home. This option allows ownership to be apportioned according to how much each person is paying into a home.

For example, if one partner paid a larger portion of the down payment, they can own a larger share. However, with this type, ownership isn’t automatically transferred over to the co-owner upon an owner’s death, so if you want the house to go to your partner in that situation, you need to specify that in a will.

Sole Ownership

Sole ownership is the third type. This is where just one partner’s name is on the title of the home. For mortgage purposes, having one person on the title can seem attractive if one partner has poor credit or for tax purposes if one person’s income is significantly higher than the other’s.

Note, that a mortgage isn’t the same as a deed, and you may be able to add your partner to the deed even if they aren’t on the mortgage (however, this may have some hefty tax implications). Speak with a tax expert.

While opting for sole ownership can work to your advantage, it also has a higher risk for the person whose name isn’t on the deed, especially if they’re helping to pay for housing expenses, because legally they’ll have nothing to show for it. Additionally, if only one person applies for the mortgage, you’ll likely qualify for less money when you use one income versus two.

Many unmarried couples find co-ownership, either through joint tenancy or tenancy in common, to be the best option for them, because it protects both partners’ rights to the home, similar to the way a married couple is protected.

7. Sign A Cohabitation Property Agreement

Cohabitation agreements are contractual pacts that allow unmarried couples who live together to make clear who owns what and how joint assets will be allocated in a breakup. They can also be used to specify what financial aspects of living together each partner is responsible for.

Get every part of your agreement in a contract. Talk to a real estate lawyer and get all your agreed upon terms down.

8. Set Expectations For The Future

Designate who’s going to be paying what bills, or if you plan on splitting everything 50/50. If only one partner’s name is on the title, the couple should include in the contract whether the other partner is responsible for any costs related to the house.

If one person ends up being unable to pay the bills, agree on whether or not the other will be expected to cover for them, and if you’ll have a repayment plan to ensure that partner gets their money back.

If you’re keeping your finances separate, it might be a good idea to open a joint account for any house-related expenses.

Finally, agree on your expectations for the mortgage. If both of your names are on it, you’re both equally responsible for making payments. That means if one partner decides to skip town and stop paying, the other partner is responsible for making payments in full. Make sure you get it in writing what percentage of monthly payments you’re each responsible for.

9. Plan For The Worst-Case Scenarios

What are some of the potential consequences of breaking up with someone you co-own a home with, or if your partner dies and the house is in their name?

Plan for what happens to the house if you break up. Ask yourselves:

• Will one of you buy out the other’s share?
• Will you sell it together and pay off the mortgage?
• Will one of you remain living there while the other rents out their room?
• Do both partners have an equal responsibility for maintenance and repair fees?

Don’t put off these questions. You don’t want to have to make this decision when feelings are hurt and emotions are running high.

If both of your names are on the mortgage, you want to make sure you’re protected if your partner isn’t able to pay or simply stops paying their share. At the same time, you may end up stuck paying a two-income mortgage by yourself while you try to get your partner to pay.

Buying A House Together When You’re Not Married: FAQs

Let’s take a look at a few questions that many unmarried couples ask themselves during the process of buying a home together.

Can I get a home loan with my partner?

Yes. You can find a lender that will allow you to apply for a home loan with your partner. However, you’ll run into different challenges than married couples based on the current legal framework.

Take the time to determine whether you and your partner should apply for a loan together. In some cases, it might be a better route to allow the partner with stronger financial footing to apply for the mortgage alone.

I’m married. Can I still buy a house without my spouse or partner?

Yes. You can buy a house without your spouse. There are many reasons to take this option. A few include one spouse having a lower credit score or low income. Just be aware of regulations in community property states.

What if my partner dies after we buy a house together?

If your partner dies unexpectedly, you could end up in a legal battle with their family to determine who gets the house. Potentially worse, if your name isn’t on the title, you could end up kicked out of your home and left with no recourse to get back any equity you may feel entitled to. This is why it’s a good idea to have a joint tenancy agreement with rights of survivorship or for both partners to have a last will and testament or living trust.

The Bottom Line

Owning a home with your partner can be incredibly rewarding, and many people have done it successfully. But with such high stakes, you need to be sure it makes sense for you as a couple and individually.

Feel ready to take that next big step with your significant other? Talk to one of our Home Loan Experts to see which option is right for you.