Blog Layout

Buying a home unmarried? What to know before signing the deed

Kate Dore • Nov 05, 2021

There’s a growing number of unmarried couples buying homes together, and without proper planning the move may create future problems. Indeed, 9% of home buyers were unmarried in 2020, according to the National Association of Realtors. While younger millennials, ages 22 to 30 years old, represent 20% of unmarried purchasers, acquiring property as partners is a cross-generational trend. “It’s happening across the board, and everybody needs to be careful,” said Sheryl Dennis, estate planning attorney at law firm Fields and Dennis LLP in Wellesley, Massachusetts. That’s because co-buyers have fewer protections and may face legal issues if the relationship sours or one partner dies unexpectedly, experts say.

Applying for a mortgage

For most buyers, financing is the cornerstone of purchasing a home, and the process is more complicated for unmarried couples. “For anyone buying a home, the first step is always pre-approval,” said Melissa Cohn, regional vice president at William Raveis Mortgage in New York, explaining how the step prompts couples to discuss applying for a joint mortgage, property titling and other critical decisions. While combining high incomes, excellent credit and low debt may boost the chances of mortgage approval, a less creditworthy borrower can hurt the application, she said.


“Banks will always take the lower of the middle scores for the unmarried couple,” Cohn said. “So if one has a score below the optimal number required for the loan they are seeking, it could impact the rate and how much they can borrow.

Property title

Another big decision is how to title the property, which stipulates each partner’s legal rights and ownership, and determines what happens to the home if one partner dies. “The first question I ask is, ‘what happens when everything falls apart?’” said Matthew Erskine, a Worcester, Massachusetts-based estate-planning attorney at Erskine & Erskine. While sole ownership grants rights to one person, joint tenancy with rights of survivorship is equal ownership, automatically passing to the other owner when one partner dies. The third choice, tenancy in common, may be appealing when one partner contributes more because it represents an unequal interest in the property, Dennis said.



However, partners won’t inherit each other’s portion of the property by default, and they may need to specify preferences in a will to determine who receives their share. Other solutions for additional control may be putting the home into a trust or creating a business, such as a limited liability corporation, Erskine said. Of course, property laws vary by state, so it’s essential to speak with a local estate planning attorney before making a titling decision.

Property agreement

Regardless of the titling, experts also suggest a property agreement, outlining how much each partner paid for the down payment, home repairs and other expenses. The contract should also cover how to divvy the property in a break-up, including buy-out provisions, depending on what the couple wants, Dennis said. “It’s very much a business relationship,” Erskine added.

Plan for the ‘worst-case scenario’

As partners consider a joint home purchase, they may wonder if the decision is a good move, and the answer varies based on each situation. “It’s really up to the individuals and no one else,” said Douglas Boneparth, certified financial planner and president of Bone Fide Wealth in New York, explaining the choice may or may not make sense, depending on the couple’s goals. While buying property unmarried requires extra steps — such as planning for the “worst-case scenario” — partners need to weigh the pros and cons like any other financial decision, he said. “It’s perhaps a little bit more involved, but none of this is weird or odd or abnormal,” Boneparth said, and the trend may continue as couples’ stances on marriage evolve.

Article from Advisor Insight |CNBC. Written by Kate Dore, CFP published online November 5, 2021.

11 Dec, 2023
If you’re planning to buy a home this year, you might have heard that pre-approval is a necessary step to take before starting out on your journey. But why is that? And is it still important in today’s shifting market ?
11 Dec, 2023
When you’re purchasing a home, be sure to do a final walk-through before your signing. It’s IMPORTANT! Make sure all of the items included in your contract are still in the house, that there are no leftover personal items, and everything is clean, and in tip-top shape. Don’t lose your leverage by waiving your rights to this vital step in the process.
11 Dec, 2023
Understanding how Proposition 19 affects property tax implications tied to your property transfer is an important consideration when buying or selling a home. Starting April 1, 2021, homeowners who are 55 or older or those who lost their home in a natural disaster are allowed to transfer the taxable value of their primary residence to a new home in California. If you purchase a more expensive home, the tax bill will go up but by a lower amount than for other buyers. This kind of tax transfer can be done three times and homeowners have two years to sell their current home and buy a new one. The prior rule limited this exemption to a one-time transfer within the same county or between certain counties and only if the replacement property was of equal or lesser value. Can my client buy/sell now and take advantage of the tax portability benefits before April 1, 2021? If you wish to obtain the tax benefits of Prop 19 for a transaction that closes before April 1, 2021 , whether it is buying or selling a property, I would recommend speaking to a qualified California real estate attorney. If the replacement property is of equal or lesser value, does the tax basis of the replacement property change? No. The taxable value of the original property may be transferred and become the taxable value of the new one. If the replacement property is of greater value, how is the new taxable value calculated? The new taxable value is calculated by adding the difference between the full cash value of the replacement property and the original property to the original taxable value. For example, if a seller of an original property has a $300,000 taxable value and a full cash value of $1M and then buys a replacement property for $1.5 M, the taxable value of the replacement property would be $800,000. Can a replacement property be purchased prior to the original primary residence being sold? Yes. This is how the current rule under Prop 60 works and Prop 19 uses nearly identical language. How does Prop 19 affect the rules on intergenerational transfers to children or grandchildren? Prop 19 eliminates the ability for a home to pass from a parent to a child or a grandchild without reassessing the home value unless it’s the child’s or grandchild’s primary residence. If the child or grandchild doesn’t live in the inherited home and instead chooses to rent it out, the tax value can be re-assessed. Right now, family members can transfer a home and the property value won’t be reassessed. They can also transfer other rental or commercial properties and exempt up to $1 million of the assessed value. If the property is more than $1M over the original tax basis, what is the new taxable basis? The new taxable basis will be the assessed value of the property at the time of transfer minus $1M. When do these new rules on intergenerational transfers apply? The new changes to property transfers among family are set to begin on February 16, 2021. Where may a claim to transfer a tax basis be made? Claims may be made with forms provided by the local county assessor’s office.
By Laura Agadoni 17 Nov, 2021
The holiday season is typically not peak listing time for real estate. But the current situation, namely a super-low supply of homes coupled with great demand, is not typical. Usually, there are fewer buyers than, say, in May or June, meaning that homes tend to take longer to sell during the holidays. So sellers often wait to list until spring. But this year is one like no other.
14 Jul, 2021
In our hot Seller's Market, we're seeing a lot of Non-Contingent Offers from Buyers. What does that mean? Well it means that Buyers are at risk for losing their deposits or even paying damages if they decide not to purchase after an offer is accepted. Even Sellers should be cautioned about this strategy which leaves Buyers feeling powerless during the purchase process and may be more likely to become disgruntled after the sale. Here is a link to the California Association of REALTORS that will provide you with more information about the risks and rights with non-contingent offers. You can also download this QUICK GUIDE .
By admin account 13 Oct, 2020
As many Buyer's have come to experience in this frantic real estate market throughout the Sacramento region, it's a TOUGH time for Home Buyers. Most listings are getting multiple offers, well over list price, and with Buyers coughing-up the payment of most, if not all, escrow and title fees. But don't get discouraged! I've been successful with a number of Buyers in getting them well-prepared going into negotiations which has brought them success. Here's what I recommend to my clients:
10 Jul, 2020
Once you're pre-approved for a home loan...STOP! Homebuyers: Be sure to follow these six simple steps while you're home shopping and while you're in escrow. Also, TIP #7: DON'T purchase new furniture, appliances, etc. until after you've closed escrow. Want to learn more: http://nexthomebydonna.com/home-buyers-guide/
19 Jul, 2019
If you're considering a home that has a fireplace and chimney showing some wear-and-tear or deferred maintenance, be sure to call in an expert. A Chimney/Fireplace inspector will provide a 13-point inspection, make repair recommendation, and ensure that it's safe to use.
30 May, 2019
It's one of the last steps in purchasing a home and an important one -- Verification of Property Condition. Don't skip or waive this opportunity to see the condition of your soon-to-be home prior to the close of escrow. #realestate #whosnext
More Posts
Share by: