{"id":351878,"date":"2016-04-04T11:02:38","date_gmt":"2016-04-04T16:02:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/living-together\/unmarried-couples-and-property-basics.html"},"modified":"2026-07-07T09:37:00","modified_gmt":"2026-07-07T14:37:00","slug":"unmarried-couples-and-property-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/living-together\/unmarried-couples-and-property-basics.html","title":{"rendered":"Unmarried Couples: Basics of Your Property Rights"},"content":{"rendered":"\n
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Unmarried Couples: Basics of Your Property Rights<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Most unmarried couples accumulate shared real estate, bank accounts, credit cards, property, and assets but have yet to consider\u00a0how to divide the property\u00a0if the relationship ends.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Couples often live together before they marry, and many live together indefinitely without getting married.<\/p>\n

Property laws generally treat an unmarried couple as separate individuals with no legal rights or responsibilities if the relationship ends. Some states allow common-law marriage<\/a>, which can affect a couple’s property rights. A few states offer domestic partnership or civil union statutes. But parties must register as domestic partners to obtain the benefits.<\/p>\n

Unmarried Couples and Property: Buying Property Together<\/h2>\n

Most long-term couples will face significant purchase decisions. Buying a house, a car, or other substantial assets during adulthood is typical.<\/p>\n

Before you buy anything, decide if you will own the property jointly or separately. This will protect your rights if your partner dies or the relationship ends.<\/p>\n

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Need local help with a cohabitation agreement? Find an attorney near you<\/a>.<\/p>\n

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Different Ways To Own Property as an Unmarried Couple<\/h2>\n

A couple can decide to buy property together or add both people to the title. You must determine whether you will own the property as joint tenants or tenants-in-common.<\/p>\n

Joint Tenants<\/h2>\n

Joint tenancy is a form of ownership where both people share ownership equally. All\u00a0joint tenants<\/a>\u00a0will have equal interests in the jointly-owned property, typically 50\/50.<\/p>\n

Sometimes two or more people may own property as joint tenants. When one owner dies, the surviving partner(s) automatically take over the deceased partner’s share. This is called the “right of survivorship.” Joint tenancy is commonly used in the purchase of real property by married couples. At a party’s death, a surviving joint tenant receives the property without having to go through the probate process.<\/p>\n

Tenants-in-Common<\/h2>\n

You can decide to buy the property as tenants-in-common. This means each owner has a distinct share in the property. You determine the percentage of the share.<\/p>\n

For example, if one party contributes 25% to the purchase price, the property share could reflect that percentage.<\/p>\n

Remember:\u00a0you do not have rights to their share of the property if a co-owner dies. This is the opposite of how joint tenancy works. If you were homeowners together, the deceased owner’s share becomes part of their estate. It will be distributed as determined by the person’s will or state intestacy laws.<\/p>\n

Unmarried Partners and Property: Breaking Up<\/h2>\n

The division may be complex if a house or a vehicle is purchased jointly with both names on the title. This applies if you are joint tenants or tenants-in-common. The complexity increases if both parties’ names remain on loan.<\/p>\n

In general, you have the following options for splitting property that is co-owned after a breakup:<\/p>\n