Buying a House Together Unmarried or Married in Florida: How to Title It and What Happens If You Split

Buying a house together unmarried is common in Palm Beach County, but Florida law treats you differently from a married couple. Married buyers can take title as tenants by the entirety, a form with built-in survivorship and strong creditor protection. Unmarried partners cannot. They choose between joint tenancy with right of survivorship and tenancy in common, and the words on the deed decide what happens if one of you dies or you break up. This guide covers each option, the homestead rules, the mortgage and the written agreement every co-owning couple should sign.

Key takeaways

• Only married couples can own a home as tenants by the entirety in Florida.
• If a deed to two or more people says nothing about survivorship, Florida law makes them tenants in common.
• Joint tenancy with right of survivorship must be spelled out in the deed. When one owner dies, the other takes the whole home.
• The homestead exemption can be split among the owners who live in the home, based on their share.
• Any joint tenant or tenant in common can file a partition suit to force a sale. A written co-ownership agreement helps you avoid that.

Buying a house together unmarried vs. married in Florida

Florida has three main ways for two people to hold title. Which ones you can use depends on whether you are married when you close.

• Tenancy by the entirety: married couples only
• Joint tenancy with right of survivorship: any two or more people, if the deed says so
• Tenancy in common: any two or more people, and the default when the deed is silent

Section 689.15 of the Florida Statutes sets the default. Unless the deed expressly gives a right of survivorship, a transfer to two or more people creates a tenancy in common. The one exception is a married couple, who hold by the entireties. So the deed language matters a great deal. Our guide to deed vs. title explains how the two documents differ.

Tenancy by the entirety: the married option

A married couple who takes title together is treated as one owner. Each spouse owns the whole home, not a half. When one spouse dies, the other keeps the home without probate.

This form also offers strong protection from creditors. In general, a creditor of just one spouse cannot reach a home held this way. The Florida Bar Journal notes that only married couples can own property as tenants by the entirety, and that the law presumes this form for property a couple acquires during marriage.

Divorce changes things. Under section 689.15, once the marriage is dissolved, the former spouses become tenants in common. If you marry after you buy, adding your spouse to the deed takes a new deed. Our guide on adding a spouse to a deed after marriage covers that process.

Joint tenancy with right of survivorship

This is the closest option to tenancy by the entirety for unmarried partners. Each owner holds an equal share, and when one dies, the survivor takes the whole home outside of probate.

The catch is that Florida does not assume it. The deed has to say it in plain words, such as "as joint tenants with right of survivorship." If the language is missing or unclear, you may end up as tenants in common by default.

Survivorship is simple, but it is also blunt. It overrides your will for that home. So if you want your share to go to a child or another relative, joint tenancy may not fit. Also, a creditor of one owner may be able to reach that owner's interest.

Tenancy in common: buying a house together unmarried with unequal shares

Tenancy in common lets each owner hold a separate share. The shares do not have to be equal. If one partner puts in 70% of the down payment, the deed can say so, for example 70% and 30%.

There is no survivorship. When one owner dies, that share passes under their will or by Florida law, not to the other owner. That can leave a surviving partner sharing the home with the late partner's heirs. So couples who choose this form often pair it with wills or other estate planning.

Tenancy in common works well when you bring different amounts to the deal, or when each of you has children from a past relationship. However, it needs more planning than the other forms.

How the homestead exemption works for co-owners

Florida's homestead exemption lowers the taxable value of a permanent residence, and the Save Our Homes cap limits how fast the assessed value can rise. Co-owners can qualify, but the split depends on the form of title.

Section 196.031 says title may be held by the entireties, jointly or in common, and the exemption may be split among the owners who live in the home, as their interests appear. For a home held by the entireties or jointly with survivorship, if only one owner lives there, that owner gets the exemption on the first $25,000 of assessed value. Otherwise, the exemption cannot exceed the share of the value owned by the owners who live in the home.

In plain terms, if you are tenants in common and only one of you lives there, the exemption may cover only that person's share. If you both live there and both apply, you can usually claim it together. Ask the Palm Beach County Property Appraiser's office how your deed will be treated before you close.

Homestead and creditor protection

Homestead in Florida also protects a residence from most creditors. For unmarried co-owners, the Florida Bar Journal explains that protection depends on every co-owner qualifying. If one owner does not qualify, a creditor of that owner may reach that share and force a sale of the whole home. The article puts it this way: "a chain is only as strong as its weakest link."

The mortgage when buying a house together unmarried

The deed and the loan are separate. A partner can be on the title without being on the mortgage, and the reverse can also happen, depending on lender rules. Each choice has trade-offs.

• If both of you sign the loan, both incomes can count toward approval, and both of you owe the full debt.
• If only one of you signs, the other's credit is not on the line, but the lender may still need the other owner to sign the mortgage itself.
• Missed payments hurt the credit of every borrower on the note, no matter who caused them.

Talk to your lender early about how they handle co-borrowers and non-borrowing owners. Then match the deed to the plan.

What happens if you split up

For a married couple, divorce courts divide property as part of the case. Unmarried partners do not have that process. If they cannot agree, Florida's partition law steps in.

Under section 64.031, any joint tenant or tenant in common can file a partition action against the other owners. A court can then divide the property or, more often for a single home, order a sale and split the proceeds. That route takes time and costs legal fees on both sides. As a result, most couples are better off agreeing on the terms in writing before they buy.

Write a co-ownership agreement before closing

A co-ownership agreement is a private contract between the buyers. It does not go on the deed, but it sets the rules you both agree to follow. A Florida real estate attorney can draft one. Common terms include:

• Who paid what toward the down payment and closing costs
• How you will split the mortgage, taxes, insurance and HOA dues
• Who pays for repairs and improvements, and how those are credited
• What happens if one partner wants out, including a buyout formula and a deadline
• How you will value the home for a buyout, such as an appraisal
• What happens if one owner dies, tied to your wills and the deed
• How you will settle disputes, such as mediation first

The buyout terms matter most. If one of you can keep the home by paying the other a fair price, you may avoid a forced sale. If neither of you can, the agreement can say how and when you will list it.

Buying a house together unmarried: a quick checklist

1. Decide whether you want survivorship, and say it clearly in the deed if you do.
2. If you put in different amounts, consider tenancy in common with stated shares.
3. Ask the lender how both incomes and both names will be handled.
4. Check how the homestead exemption will apply to your deed.
5. Sign a co-ownership agreement before closing.
6. Update your wills so they match the deed.

Couples buy in every part of the county, from condos in West Palm Beach to single-family homes in Delray Beach and Jupiter. The paperwork is the same everywhere in Florida, so it pays to get it right at the start.

Frequently asked questions

Can an unmarried couple own a home as tenants by the entirety in Florida?

No. Only married couples can hold title that way. Unmarried partners choose joint tenancy with right of survivorship or tenancy in common.

What happens when buying a house together unmarried and the deed says nothing?

Under section 689.15, a deed to two or more people who are not married creates a tenancy in common unless it expressly provides a right of survivorship. There is no survivorship by default.

Can unmarried partners buying a house together own unequal shares?

Yes, as tenants in common. The deed can state each owner's share, such as 60% and 40%.

Can my partner force a sale if we break up?

Yes. Florida lets any joint tenant or tenant in common file a partition action. A court can order the home sold and the proceeds split. A buyout clause in a co-ownership agreement can help you avoid that.

If we marry later, does our title change?

Not on its own. You would need a new deed to hold the home as tenants by the entirety. Talk to a Florida real estate attorney or title company about the tax and lender issues first.

Sources

• Florida Statutes, section 689.15, Estates by survivorship
• Florida Statutes, section 196.031, Exemption of homesteads
• Florida Statutes, section 64.031, Partition
• The Florida Bar Journal, The impact of co-ownership on Florida homestead

This article is general information, not legal, tax or financial advice. Titling choices affect taxes, estate plans and creditor rights, so talk with a Florida real estate attorney before you close.

Selling a home you own with a partner? We can help you price it and plan the split. Get your free home value report. Buying together? Schedule a buyer strategy call and we will walk you through the steps from offer to closing.