What to Know About Buying Property with a Partner in PA
Buying a home with a partner—whether you're married, engaged, or in a long-term relationship—is a major step. But before signing the paperwork, it’s important to understand the legal and financial implications of buying property with a partner in Pennsylvania.
At Sutton & Lovette Law Offices, we help individuals and couples protect their investments and avoid costly mistakes by making informed, legally sound decisions.
Is Your Relationship Legally Recognized?
In Pennsylvania, the legal protections that apply to married couples when buying property do not automatically extend to unmarried partners. That means if you're purchasing a home with a boyfriend, girlfriend, or fiancé, the legal framework will look different—especially if the relationship ends.
Key Legal Concepts You Should Understand
1. Ownership Structure Matters
When buying a property together, there are several ways to take title. Each has distinct legal consequences.
Tenants in Common (TIC)
Each partner owns a specific percentage of the property (e.g., 50/50 or 60/40).
Ownership shares can be unequal and sold separately.
If one partner dies, their share passes to their heirs—not automatically to the surviving partner.
Joint Tenants with Right of Survivorship (JTWROS)
Each partner owns an equal share.
If one partner dies, their interest automatically passes to the surviving partner.
Must be clearly stated in the deed to take effect.
Tenancy by the Entirety
Only available to married couples in Pennsylvania.
Offers stronger protections, such as creditor shielding and automatic survivorship rights.
2. Get It in Writing
Even if you trust your partner completely, you need a written agreement outlining:
Each person's financial contribution (down payment, mortgage, closing costs)
How ongoing expenses will be split (taxes, insurance, maintenance)
What happens if one person wants to sell
What happens in the event of a breakup, death, or financial hardship
This is commonly known as a co-ownership agreement or property agreement, and it’s critical for unmarried buyers.
3. What Happens If You Split Up
If you’re not married and don’t have a written agreement, the process of dividing property can become legally complicated. You could end up in court—especially if only one name is on the deed or if one partner contributed significantly more money.
Legal risks include:
Disputes over sale proceeds
One person refusing to sell
Complications with inheritance
Challenges in refinancing or buying out the other’s share
4. Financing Implications
Buying with a partner means you’re both likely applying for the mortgage together. This means:
Both credit scores will be considered
Both incomes will be used to qualify
Both names will be on the loan—and both are equally responsible for repayment, even if one moves out
If only one person applies for the mortgage, but both contribute to payments, it’s essential to have that documented in a legal agreement.
5. Consider an Estate Plan
If something unexpected happens—illness, incapacity, or death—do you want your partner to stay in the home? Would your share pass to them or someone else?
An estate plan that includes a will, power of attorney, and possibly a living trust can clarify your intentions and ensure they’re followed.
How Sutton & Lovette Can Help
Our attorneys work with couples across Pennsylvania to:
Draft or review co-ownership agreements
Advise on the right way to title the property
Structure ownership to reflect each person’s investment
Assist with real estate closings, contracts, and dispute prevention
Coordinate property matters with broader estate planning goals
Buying Property Together? Protect Your Investment.
Real estate is one of the largest investments you’ll ever make. Make sure you’re legally protected—no matter what your relationship status is.
Contact Sutton & Lovette Law Offices today to schedule a consultation before you close.
