Buying a house as an unmarried couple can be a smart financial move, especially as the cost of living continues to rise. More couples today are choosing to buy a home together before getting married because it makes financial sense, but it does come with a few extra challenges around mortgages, legal protections, and ownership. In fact, unmarried couples are the group most likely to struggle with housing costs—76% of those who live together report having trouble making payments.
Whether you’re searching for a home in Austin, TX, Seattle, WA, or Atlanta, GA, this guide will help you navigate the process of buying a house as an unmarried couple and make informed decisions along the way.
A quick comparison of buying a home unmarried vs. married
Aspect
Unmarried couple buying a house
Married couple buying a house
Ownership
Must choose how to hold title (joint tenancy or tenants in common)
Generally considered joint property by default
Legal protection
No automatic rights if you separate or one partner dies—requires legal documents
Protected by marital property and inheritance laws
Financing
Can apply for a joint mortgage; both are equally responsible for repayment
Can apply jointly; liability and ownership typically shared
Taxes
Cannot file taxes jointly; limited deductions
Can file jointly and access certain tax benefits
Separation
Must agree or go to court to divide property
Division handled through divorce laws
1. Get aligned on the home you want to buy
Before diving into the logistics of buying a home as an unmarried couple, you want to start with your vision and goals as partners. This early alignment helps avoid disagreements later and ensures you’re making decisions as a team from the start.
Questions to ask each other include as you begin browsing listings on Redfin:
What type of property are you looking for – condo, single-family, fixer-upper?
What location is most ideal for both of your lifestyles?
Are there specific features either of you want in a home – spacious backyard, two-car garage, walkability?
What is a budget that makes sense for both of your financial goals?
It also helps to discuss how long you expect to stay in the home, whether you plan to work remotely or expand your household, and how you’ll handle it if you disagree on what to buy.
>> Read: What to Look for When Buying a House
2. Discuss your finances
It’s essential to be transparent about your finances, especially as an unmarried couple buying a home. Open communication now can prevent misunderstandings and resentment later on.
Here are some key topics to cover together:
Income: Share your current earnings, how stable they are, and if you are expecting any changes to your income.
Debts: Discuss student loans, credit card balances, and recurring payments or obligations that could influence your budget or mortgage approval.
Credit scores: Review your credit scores and reports with one another so you both understand how they could impact your loan terms or interest rates.
Savings: Decide how much each of you can contribute from your savings towards the down payment, closing costs, and moving expenses.
Monthly budgets: Agree on what you’re comfortable spending on your mortgage, insurance, utilities, and maintenance.
Emergency funds: Discuss how you’ll handle unexpected costs, such as repairs or sudden loss of income.
Future financial goals: Talk about your financial priorities and goals, such as paying down debt, saving for retirement, or planning for a wedding. All of these can affect how much you want to spend.
3. Will both unmarried partners be on the mortgage?
Once you’ve reviewed your finances as a couple, you’ll need to decide who will apply for the mortgage. This decision affects your ability to qualify for a loan but also who is legally responsible for repayment.
Joint application: If both partners apply for a joint application, the lender will consider both incomes and credit histories. This route can help you qualify for a larger loan or better interest rates as long as both credit scores are strong. However, both partners will be equally responsible for the debt, even if the mortgage payments are different.
Single application: If only one partner applies, their income and credit alone will determine eligibility. This can be beneficial if one partner has a stronger credit history or higher income than the other, but it also means they are solely responsible for the mortgage payments. They will also be the only person to build credit through repayment.
Consider these factors before choosing what the best option for your couple is:
Whose credit score and income will secure the best terms?
Are you comfortable sharing equal responsibility for the loan?
If only one person applies, how will you protect the other’s financial interest in the property?
>> Read: How Many People Can Be on a Mortgage?
4. Legal protections for unmarried couples buying a house
Being an unmarried couple buying a house takes extra planning to ensure both partners are protected, since they don’t have the same legal rights that married couples do. Taking proactive steps together now can help prevent confusion, disputes, and unnecessary stress in the future.
Who will hold the home’s title
Choosing how to hold the title to your home is one of the most important decisions you’ll make. The title determines who legally owns the property and what happens to each person’s share if one of you passes away.
The two most common options are:
Sole ownership: Only one person in the relationship is the legal homeowner. This means, that person will have legal rights to the property regardless of whose name is on the mortgage or making the monthly payments.
Joint tenancy with rights of survivorship: Both partners co-own the home equally. If one partner passes away, their share automatically transfers to the surviving partner, regardless of what their will says.
Tenancy in common: Each partner owns a defined percentage of the property, which can be equal or different. If one partner passes away, their share goes to whoever they name in their will. This option provides more flexibility if you want to keep ownership shares separate.
Sign a cohabitation property agreement
A cohabitation property agreement is a legal document that outlines exactly how you’ll handle ownership and responsibilities. Since unmarried partners aren’t covered by standard divorce laws, this contract acts as your safety net.
Thomas Roberto, Esq., shareholder and managing partner of Adinolfi Roberto Burick & Molotsky adds his expertise, “A written cohabitation agreement is something I often recommend unmarried couples use to protect their financial interests and address any future support claims in the event the relationship ends. Specific provisions defining each party’s rights and obligations pertaining to support in the event the relationship terminates (palimony) is certainly at the top of the list in terms of essential clauses. With regard to property division, identifying ‘who owns what’ (separate property versus joint property) as well as the manner in which joint property will be distributed is also critical.”
Key provisions to include in your agreement:
Equity & Contributions: Clearly state how much each person contributed to the down payment and closing costs.
Support Claims: Define each party’s rights and obligations regarding future support (often called palimony) should the relationship end.
Expense Splitting: Document how you’ll divide monthly costs like mortgage payments, taxes, and maintenance.
The Exit Strategy: Outline what happens if one person wants to move out, and how the proceeds will be divided if the home is sold.
5. Have a plan for worst case scenario
While it’s not ideal to discuss a breakup or a tragedy, an action plan is a vital safeguard. Unmarried partners don’t have the same automatic legal protections as married couples, meaning a lack of planning can lead to forced sales or losing your home to a partner’s distant relatives.
Navigating a breakup
Don’t wait for a crisis to decide how to handle a split. Your cohabitation agreement should explicitly answer:
The Buy-out Option: Does one partner have the first right to buy out the other’s share?
The Mortgage Gap: Who is responsible for payments if one person moves out before the house is sold?
The Exit Strategy: How will you choose a real estate agent and determine a listing price if you agree to sell?
Protecting your family’s future
If children are involved, the stakes for worst-case-planning are even higher. Without a legal framework, the surviving partner could be left without a place to live.
“For an unmarried couple with children, one essential estate-planning step is to ensure the surviving partner has a clear, legally enforceable right to the home,” notes Kathy Minella CFLS, Founding Attorney at Minella Law Group.
She goes on to share, “If the home is titled in only one partner’s name, it can pass to the deceased partner’s heirs, potentially forcing a sale and disrupting the children’s stability. Proper planning may include holding titles as joint tenants with right of survivorship, or placing the home into a trust that specifically grants the surviving partner the right to live in the home. This step helps prevent probate disputes and, most importantly, protects children from losing their home during an already difficult time.”
By addressing these scenarios upfront, you ensure that your investment and your family remain secure regardless of what the future holds.
6. Set expectations for the future
Beyond the immediate details of buying a home, it’s important to talk about what comes next. Owning property together is a long-term commitment, and discussing your plans now can help you avoid confusion or disagreements later.
Questions to consider:
Do you plan to refinance a mortgage together in the future to remove or add someone to the mortgage?
Are you considering getting married eventually, and how would that impact ownership or financial responsibilities?
If your incomes change significantly, how will you adjust how expenses are split?
7. Hire a real estate attorney
Because unmarried couples lack the “default” legal safety net of marriage, bringing in professional help is essential. A real estate attorney ensures your agreements are enforceable and tailored to your specific financial situation.
The business transaction mindset
When buying with a partner, it helps to shift your perspective from a romantic milestone to a professional partnership.
Mark J. Kohler, CPA, Attorney, author, and educator, shares, “If you’re buying a home with someone you are not married to, treat the acquisition like a business transaction, not a pseudo-marriage. Even if there’s an emotional relationship, the structure should be clean, clear, and contractual. Make sure to get an LLC structure set up and have the LLC mindset: defined roles, defined ownership, and defined exit strategies. When you keep it business-focused, you protect both parties and avoid muddying the waters.”
How an attorney protects you:
Drafting the Agreement: They can create a cohabitation property agreement that outlines “exit strategies”—what happens if one person wants to sell or if the relationship ends.
Title Strategy: They will explain how different forms of title (like Joint Tenancy vs. Tenants in Common) affect inheritance and ownership rights.
Asset Protection: They can help you determine if an LLC structure is right for your purchase to further insulate your personal assets.
Finding the right expert
Look for an attorney who specializes in real estate transactions and has specific experience with co-buyers or unmarried partners. Ask your real estate agent or lender for a recommendation, and use the initial consultation to ensure they understand the “business-first” approach you want to take.
8. Have a plan for how you’ll split costs
Once you’ve closed on the home, you need a system for day-to-day expenses. Many couples open a joint bank account for household costs to keep things organized, but you must first agree on the math.
Dividing monthly expenses
Decide if you will split costs 50/50 or proportionally based on your respective incomes for the following:
The Mortgage & Taxes: These are your largest fixed costs; ensure both names are clear on the payment responsibility.
Utilities & Services: Electricity, water, and internet.
Maintenance: A shared “house fund” can help cover routine upkeep and unexpected repairs.
Protecting your initial investment
If one partner is contributing a larger down payment, splitting the eventual profit 50/50 might not feel fair. To solve this, you can use a more nuanced calculation for equity that Todd Langford, CEO and developer of Truth Concepts, suggests:
“Unmarried partners can agree on a baseline annual rate (for example, 3–4%) to calculate the opportunity cost or gain on each person’s down payment contribution. Any appreciation beyond that baseline can then be split according to their original ownership percentages (such as 50/50 or 40/60), preserving flexibility and fairness regardless of how the mortgage evolves.”
Regardless of the method you choose, document the agreement in writing and revisit it if your incomes or circumstances change significantly.
Buying a house as an unmarried couple: FAQs
1. What if one of us moves out before the home is sold?
Plan ahead for scenarios like one partner moving out before the sale. A cohabitation agreement should outline if that person will continue mortgage contributions and how the eventual sale will be handled, preventing unexpected costs or disputes.
2. Can an unmarried couple get a mortgage together?
Yes. Unmarried couples can apply for a joint mortgage, and lenders will review both partners’ income, debt, and credit. If one person has poor credit, it could affect your loan terms. One partner can also be on the mortgage while both are on the title, but it’s important to have a written agreement in place to protect both parties.
3. How can we protect ourselves if one partner pays more for renovations?
Document which partner pays for improvements and if those costs increase their equity share. Without documentation, upgrade contributions are usually treated as joint property.
4. Is there a way to prevent one partner from selling their share without the other’s consent?
Yes, you can add a right of first refusal clause. If one partner wishes to sell their share, they must first offer it to the other before listing it externally.
5. What happens to the home if one partner files for bankruptcy?
In this case, creditors could pursue their share of the property. How ownership is structured, whether with joint tenancy or tenancy in common, and state laws will determine what’s at risk. Contact an attorney about your options to protect your interests.
6. Do we need life insurance to protect each other?
Having life insurance can help protect the surviving partner by ensuring they are able to cover the mortgage or buy out the deceased partner’s share. This is especially important if you hold the title as tenants in common and want to avoid financial difficulties or forced sale.
