Guides / Buying together
Buying a home with a partner you're not married to
4-minute read · Updated September 2026
Short answerYou can buy a home together without being married. The two big decisions are how you hold title (usually "tenants in common" or "joint tenants with right of survivorship") and what you put in writing about money and what happens if you split up or one of you dies. Decide both before closing, not after.
How you can hold title
- Joint tenants with right of survivorship. You each own an equal share. If one of you dies, the other automatically owns the whole home, even if a will says otherwise, and it usually skips probate. Shares must be equal.
- Tenants in common. You can own equal or unequal shares (for example 60/40 if one of you put in more). If one of you dies, that share goes to whoever their will or trust names, which is not automatically the partner. This is one of the most common choices for unmarried couples.
If the deed doesn't say which one you chose, many states assume tenants in common with equal shares. Your title company or closing attorney can explain your state's default.
Put it in writing: a co-ownership agreement
Married couples have divorce law to sort out a house. Unmarried couples mostly have whatever they wrote down. A short agreement, reviewed by an attorney, usually covers:
- Who paid what toward the down payment and closing costs, and whether that gets paid back first if you sell
- Each person's ownership share
- Who pays the mortgage, taxes, insurance and repairs, and what happens if someone can't
- What happens if you break up: who can buy the other out, at what price, and how fast
- What each of you wants to happen if one of you dies (and a matching will or trust)
The mortgage
If you both sign the loan, you are each fully responsible for the whole payment, not just half. Lenders look at both credit histories and incomes. Talk with your lender early about whose income and credit to include.
Common questions
Do we have to be married to buy a house together?No. Anyone can buy a home together: partners, friends or relatives.
Can we own unequal shares?Yes, as tenants in common. Joint tenancy requires equal shares.
What happens to the house if we break up?Whatever your agreement says. Without one, a court may have to divide or order the sale of the home, which is slow and expensive.
If my partner dies, do I get the house?With joint tenancy with right of survivorship, yes, automatically. With tenants in common, only if their will or trust leaves it to you.
Talk it through with an agentAn agent who has worked with unmarried couples can walk you through the process.Find an agent →
More guides
Making your name match on the deed and loan →Name changes before, during and after a purchase, including what trans and non-binary buyers can expect.
Your fair housing rights, and how to report discrimination →What the law covers, where LGBTQ+ protections stand now, and how to report.
What is the Search With Pride Pledge? →The commitment every participating agent makes to dignity, welcoming professional service and Fair Housing.
This guide is general information, not legal or tax advice. Talk to a real estate attorney in your state before you choose how to hold title.