Buying a home together when you aren't married

Neither of you is being unromantic. One of you wants the purchase to feel like a shared leap; the other wants a fair outcome no matter what. A written agreement does both: it protects the commitment by removing the questions that cause fights later. And because unmarried couples don't get the default rules that come with marriage, most of those answers are yours to write.

Q: How should we hold title?

Title is how the deed records your ownership. The options and their names vary by state, but two are common for unmarried co-owners:

	Joint tenancy with right of survivorship	Tenancy in common
Ownership shares	Generally equal	Can be unequal (for example 60/40)
If one owner dies	Their share generally passes to the surviving owner automatically	Their share passes under their will or state law, not automatically to the co-owner
Fits couples who	Want the survivor to keep the home	Contributed unequally or want shares to go to others, such as children

A third form, tenancy by the entirety, is generally available only to married couples in states that recognize it. Because property law is state-specific, confirm with a real estate attorney or your title company what's available where you're buying.

Q: How does the mortgage work with two unmarried borrowers?

If you both apply, the lender typically considers both of your incomes, debts and credit histories. Two points the CFPB emphasizes in its homebuying guides:

• Both borrowers are responsible for the whole loan. If one of you stops paying, the lender can look to the other for the full payment, regardless of any private deal between you.
• Both credit histories matter. Ask each lender how they treat two applicants with different credit scores, since that can affect your rate.

Sometimes one partner applies alone. That person then owes the loan alone, and if the other isn't on title, the other may have no ownership claim despite paying toward it. Talk through that trade-off before deciding.

Q: One of us is putting in more money. How do we handle that?

This is the most common reason unmarried buyers need a written agreement. Options couples use:

1. Unequal shares on title, through tenancy in common, matching contributions.
2. Equal title with a repayment clause: if you sell or split, the larger contributor gets their extra down payment back first, then the rest divides equally.
3. Treating the difference as a documented loan from one partner to the other, with terms written down.

Whichever you choose, keep records: bank statements showing each person's down payment, closing costs and any major improvements paid later.

Q: What goes in a co-ownership agreement?

A real estate attorney in your state can draft one. Topics usually covered:

• Each person's ownership share and contributions
• Who pays the mortgage, taxes, insurance and repairs, and in what proportion
• What happens if one person can't pay their share for a while
• How to handle a breakup: buyout process, how the home is valued, a timeline for selling
• What happens if one of you dies, coordinated with title and your wills

Q: What about insurance and taxes?

• Homeowners insurance: make sure both owners are named on the policy, not just one.
• Mortgage interest and property taxes: unmarried co-owners file their own returns. How deductions divide depends on who paid and IRS rules; IRS Publication 936 covers home mortgage interest. A tax preparer can help you allocate correctly.

Q: Isn't this a lot of paperwork?

It is some paperwork. But it's a fraction of the paperwork involved in the purchase itself, and it's far easier to write while you agree on everything. If it helps, think of it the way you'd think of beneficiary forms: a short, slightly uncomfortable task that protects the person you're doing it with.

A short sequence to follow

1. Have the money conversation first: incomes, debts, savings, and who's contributing what.
2. Get preapproved, with both of you understanding whose name will be on the loan.
3. Decide on title form and get it confirmed by an attorney or title company.
4. Sign the co-ownership agreement before closing.
5. Update wills and beneficiary designations afterward.