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Buying a home with a partner before marriage is increasingly common these days.
Back in 1981, less than 1% of first-time buyers were unmarried couples. Today, that number is around 16%. While the trend is growing, the legal consequences that arise with it after splitting up or divorce can be tricky, especially when it comes to property ownership.
Legal Background: The Marvin Case
The challenges of unmarried couples owning property date back to 1976, when the California Supreme Court heard a case involving actor Lee Marvin and Michelle Triola.
Triola had lived with Marvin for years and even took Marvin’s last name. Marvin had purchased all communal property in his name, allegedly promising lifelong financial support. When the couple split, Triola sued for Justice.
The court ruled that agreements between unmarried partners, even oral ones, could be enforceable, giving rise to “palimony.”
However, proving such agreements is difficult, and Triola, having no proof, walked away with nothing. The case was a prime example of the limited property protections for unmarried partners.
How Unmarried Couples Typically Buy Homes
Unlike married couples, unmarried partners must formalize ownership themselves. Many focus solely on financing and neglect legal arrangements, which can lead to disputes if the relationship ends.
If both names are on the deed, ownership can be joint tenancy or tenancy in common.
Joint tenancy means equal ownership with automatic inheritance rights. That is, both parties own 50. If one party dies, the other gets the other 50. Tenants in common, however, are flexible. It allows unequal ownership, reflecting contributions, but no automatic inheritance. For example, the dominant contributor can own 70%, and even if he dies. The property goes to whom they will or even their family member.
Mortgage responsibility adds complexity. Sometimes, only one partner’s name is on the loan while both appear on the deed, creating debt liability for one party.
In the worst-case scenario, only one partner’s name is on the deed, giving the other little legal claim to the property.
Breaking Up and Property Disputes
Resolving property disputes can become messy without a written agreement. Often, partition actions, court-ordered property sales, are the common remedy, but it can be financially taxing.
Even after moving out, a partner’s name may remain on the mortgage, which can affect credit. Buying out the other partner and refinancing is the cleanest solution, but it requires qualifying for a new loan independently.
Preventing Conflict with Written Agreements
Most disputes are preventable. But it’s worth treating homeownership more like a business arrangement. Ensure you have written a co-ownership or cohabitation agreement. The agreement should make clear ownership percentages, financial contributions, expense sharing, and what happens if one partner wants out.
When you buy a home without this legal clarity, it’s like starting a business without a contract or legal agreement. Consider an estate planning attorney to ensure protection for both of you.
