You found the perfect place and you are ready to buy it with a partner you are not married to. Have you thought about what happens to that home if the relationship ends, or if one of you passes away unexpectedly? These are exactly the kinds of questions an experienced attorney can help unmarried couples answer before closing, not after a dispute arises.
How Title Determines Ownership, Inheritance, and Buyouts
In Massachusetts, unmarried co-buyers generally choose between two ways of holding title, and the choice matters enormously. Tenancy in common is the default form of ownership for unmarried buyers if the deed does not clearly state otherwise. Under this structure, each owner holds an individual, transferable share, which can be equal or unequal depending on each person’s contribution. If one owner dies, that share passes through their estate, not automatically to the other owner, which often means probate before anything can be sold or refinanced.
Understanding Joint Tenancy as the Alternative
Joint tenancy works differently. It carries a right of survivorship, meaning that if one owner dies, the surviving owner automatically becomes full owner of the property, without probate. This requires equal shares between owners and specific language on the deed to create it. One important detail: either joint tenant can unilaterally sever the arrangement by transferring their interest, which converts the property back into a tenancy in common. Unmarried couples sometimes choose joint tenancy for its simplicity, but it can create real problems if the relationship ends, since neither owner can force a sale without the other’s cooperation unless a court orders a partition.
Protecting Your Investment After Closing
The deed alone rarely answers every practical question that comes up later. A written co-ownership or cohabitation agreement, signed alongside the deed, can address:
- How mortgage payments, taxes, insurance, and maintenance costs are divided between owners
- What happens if one owner wants to sell, move out, or buy out the other’s share
- How the sale price or buyout value gets determined if the owners disagree
- What happens to the property if the relationship ends or one owner passes away
Without an agreement like this, disagreements often end up resolved through a partition action in court, a process that can be slow, expensive, and outside either owner’s control.
Contact an Attorney Before Finalizing a Purchase
Buying a home with a partner outside of marriage comes with real legal questions that a standard purchase and sale agreement does not answer on its own. An experienced Massachusetts family law attorney at the Law Office of Heather M. Ward can help explain the options for title and draft an agreement that protects the investment. Call (617) 903-8955 or send a message online to schedule a consultation before closing.