Quick answer
Two unmarried people can buy a home together as long as both qualify on the loan and agree on how they'll hold title. The loan and the title are separate decisions. Everyone on the loan is responsible for the whole payment, and how you take title affects what happens if one of you dies, sells or wants out. Agents, lenders and escrow officers can't give legal advice on that choice, so decide it with an attorney and a tax professional before you close, and put your agreement in writing.
By Ryan Kuchler
Ryan brings the analysis and process from years as a software architect and investor, and walks buyers through each step of the purchase timeline.
Key points
- A mortgage and a deed are two different things. The loan says who owes the money. The title says who owns the home.
- Every borrower on the loan is generally responsible for the full payment, not just their half, whatever your private split is.
- How you hold title can decide what happens to the home if one owner dies, and it can limit what each owner can do alone. An attorney should advise on it, not your agent or lender.
- A written co-ownership agreement can cover the things a deed doesn't, like unequal down payments, who pays for repairs, and what happens if one of you wants out.
- Changes to title after closing can have property tax consequences in California, so talk to a tax professional before you add or remove anyone.
This article is general information, not legal, tax or lending advice. We're real estate agents, so we can explain how the purchase process works and what questions to ask, but we can't tell you how to hold title or what to put in an agreement. Those decisions belong with a California attorney, a tax professional and your lender.
Buying with a partner who isn't your spouse is common. It might be a couple who hasn't married, registered domestic partners, or friends and family who simply buy together. The home search looks the same. The paperwork behind it has more moving parts, and the choices you make at closing are harder to change later.
Two separate decisions: the loan and the title
Most confusion comes from treating these as one thing.
- The loan is the promise to repay. Everyone who signs the note is responsible for it. Lenders generally treat co-borrowers as each responsible for the full payment, so if one of you stops paying, the lender can look to either of you for all of it. Your private agreement about who pays what doesn't bind the lender.
- The title is who owns the home. It's recorded on the deed, and it determines what each owner can do with the property and what happens to it if an owner dies.
Usually the people on the loan are the people on the title, but they don't have to match. If you're considering a setup where they don't, tell your lender early. Underwriting rules vary by loan program, and surprises late in escrow can slow or derail a closing.
How you can hold title
California offers a few common ways for unmarried co-owners to hold title. Your escrow officer will ask how you want to take title, and it's worth knowing the options before that conversation. This is an overview, not a recommendation.
| Option | In general | Worth asking an attorney |
|---|---|---|
| Joint tenancy | Owners hold equal shares. When one owner dies, their share generally passes to the surviving owner automatically, outside a will or trust. | How it interacts with your estate plan, and what it means if you want your share to go to someone else. |
| Tenancy in common | Owners can hold equal or unequal shares. Each owner's share generally passes under their own will or trust, not automatically to the other owner. | How to document unequal shares, and who has the right to stay in the home if one owner dies. |
| Holding through a trust or other entity | Title is held by a trust, or in some cases an LLC, with its own rules for who benefits and who controls. | Whether it fits your goals, and what a lender will accept for your loan. |
Community property is a separate category. In California it's generally available to spouses and registered domestic partners, not to unmarried couples, and it has its own rules for ownership and what happens when a relationship ends. If you're registered domestic partners, ask your attorney how that status affects your options.
Neither your agent nor your lender can pick one of these for you. An escrow or title officer will record what you instruct, and they will usually say that you should get advice from an attorney or tax professional first. Plan that conversation before escrow is in its final days.
What a co-ownership agreement can cover
A deed says who owns the home. It doesn't say how you'll live with that ownership. Many co-owners put the rest in a written agreement drafted by an attorney. Topics worth discussing with each other, and then with an attorney, include:
- Who contributed what to the down payment and closing costs, and whether that's repaid or credited if you sell
- How you'll split the mortgage, taxes, insurance, HOA dues and repairs, and what happens if one of you can't pay
- Who can live there, and whether you'd rent out a room or the whole home
- What happens if one of you wants to sell, or wants to buy the other out, and how the home would be valued
- What happens if one of you dies, or can no longer manage the home
- What happens if the relationship changes
None of these are comfortable conversations, and they're easier before you've bought a house than after. Many people find that agreeing on the answers first is the point.
How the purchase process changes
The steps look familiar, with a few differences.
- Talk to your lender together. Both of you will be asked for income, debts, assets and credit information. Ask how the lender sets a qualifying score and how the two applications are combined.
- Decide how you'll document the money. Lenders trace where down payment and closing funds come from. If one partner is gifting money to the other, or you're using family funds, ask what documentation the lender will want.
- Get your offer in order. Both buyers are named on the offer and the purchase agreement, and both have to sign. Agree in advance on who has authority to make decisions during the inspection and negotiation periods, so deadlines aren't missed.
- Plan your title decision before escrow gets busy. The title and vesting instructions are usually settled in the weeks before closing. Having the attorney conversation first means you aren't deciding in a rush.
- Insure the home properly. Ask your insurance agent to name everyone who owns the home, and to explain what's covered for each of you.
Coachella Valley points to think through
- Seasonal and shared use. A lot of desert homes are second homes used part of the year. If you're buying with a partner or a friend, discuss who uses it when, and whether you'd rent it out. Short-term rental rules vary by city and by HOA, so look at the rules before you assume you can.
- HOA documents. Read the CC&Rs, rules and financials together. Some rules cover who may occupy a unit, rentals and guests. Ask about the rules for any property you're serious about.
- Age-restricted communities. Some communities have occupancy rules based on age. Read the community's rules and ask the association how they apply to each person who will live in the home.
- Property taxes. California limits how much the assessed value of a home can rise each year, and a change in ownership can reset the value. Transfers made after closing, such as adding or removing a partner from title, can count as a change in ownership. Exclusions exist for spouses and registered domestic partners, and unmarried partners generally don't get them. Ask a tax professional or the Riverside County Assessor before you change title later.
Your rights when you apply
You shouldn't be denied a loan, shown fewer homes, or offered different terms because you're unmarried. California law protects against housing discrimination based on marital status, sexual orientation, gender identity and other characteristics, and federal law prohibits discrimination in lending based on marital status and sex. If you think you were treated differently, you can contact the California Civil Rights Department or HUD's fair housing office. Keep your records of what was said and when.
Common mistakes
- Treating the loan and title as one decision. Settle both, and in the right order.
- Assuming a verbal deal is enough. A handshake about the down payment or who pays for the roof is hard to enforce when memories differ.
- Letting title get decided at the last minute. Rushed vesting choices are the ones people most often wish they'd revisited.
- Skipping the estate plan. Whoever owns the home, check that your wills, trusts and beneficiary designations match what you want to happen.
- Changing title casually later. Adding or removing a name after closing can have tax and loan consequences, so check first.
Work with agents who keep the process clear
Buying with a partner means two sets of goals, two sets of finances and one set of deadlines. We can walk you through the offer, the contract dates and the lender timeline, and connect you with professionals for the legal and tax questions. Send us a note if you're planning to buy together in the Coachella Valley, and we'll help you work out what to settle before you write an offer.
Frequently asked questions
Can unmarried people get a mortgage together?
Yes. Lenders can evaluate two or more people as co-borrowers, and each borrower's income, debts and credit are part of the application. Your marital status shouldn't change your eligibility. What changes is the paperwork and the decisions you make together, such as how to hold title.
Do we both have to be on the loan and on the title?
Not always, but the two are linked. Someone can be on the title without being on the loan, and the reverse can happen, but lenders often have rules about it. Tell your lender up front who will be on each, and ask what they'll require.
Whose credit score does the lender use?
It depends on the lender and the loan program. Many use one qualifying score based on all of the borrowers' scores, and a lower score can affect your rate or approval. Ask your lender to explain how it works for your loan before you decide who goes on the application.
What if we put in different amounts for the down payment?
That's common, and it's worth writing down. Your share of ownership on the deed doesn't have to match what each of you paid, but without an agreement, a dispute later can be hard to settle. An attorney can help you document who contributed what and how it's handled if you sell or one of you buys the other out.
Is this legal advice?
No. This article is general information about the home-buying process. Jeff and Ryan are real estate agents, not attorneys, lenders or tax advisors. Title, estate and tax questions depend on your situation, so take them to a California attorney and a tax professional.
This article is general information, not legal, tax or lending advice. Rules change; confirm details with the relevant agency, your lender and a qualified professional.
