Couples and Property: Legal Considerations in Joint Ownership

For many couples, buying property together is an exciting milestone. Whether you’re purchasing a home, an investment property, or vacation real estate, joint ownership brings important legal considerations that should not be overlooked. At Nuñez Estate Law & Title, we help couples navigate the complexities of property ownership to ensure their interests are protected, both now and in the future.

When couples purchase property together, they typically choose from two main types of ownership:

🏡 Tenancy in Common (TIC) – Each owner holds a distinct share of the property, which can be unequal. If one owner passes away, their share is inherited according to their will or estate plan, rather than automatically transferring to the surviving owner.

🔗 Joint Tenancy with Right of Survivorship (JTWROS) – Both owners have equal shares, and when one passes away, their interest automatically transfers to the surviving owner. This avoids probate but must be structured correctly to align with estate planning goals.

For married couples, Tenancy by the Entirety (TBE) may also be an option, offering creditor protections and automatic survivorship benefits in some states.

Key Legal Considerations for Couples

• 💰 Financial Contributions – If one partner contributes more to the purchase or mortgage, it’s important to document ownership percentages or reimbursement agreements to avoid future disputes.
  
  
• 📜 Title and Deed Decisions – How you hold title impacts inheritance, tax implications, and creditor protections. Choosing the right form of ownership is crucial.
  
  
• 📝 Protecting Individual Interests – If you’re not married, a co-ownership agreement can outline each party’s rights and responsibilities, including what happens if one owner wants to sell or if the relationship ends.

• 🏡 Estate Planning Alignment – Property ownership should be coordinated with estate plans to ensure that assets pass according to your wishes. A will or trust can provide clarity and prevent unintended legal complications.

What Happens if a Relationship Changes?

Life circumstances evolve, and property ownership arrangements should be adaptable. Whether through marriage, separation, or other major life events, it’s wise to review legal agreements periodically to ensure they still serve both parties’ best interests. If selling or transferring ownership becomes necessary, having a clear legal strategy in place can make the process smoother.

Purchasing property as a couple is a major investment—both financially and emotionally. Making informed legal decisions now can help prevent complications down the road. At Nuñez Estate Law & Title, we provide expert guidance on joint ownership, title options, and estate planning to protect your investment and your future.

📞 Thinking about buying property with your partner? Contact us today to discuss your options! We serve the entire state of Florida so call us at (305) 962-5929 with any questions you may have or clicking here.