This article is educational and is not legal advice. Property and inheritance rules vary by state. Consult a qualified real-estate or estate-planning attorney before deciding how to hold title.

How you hold title to a home you buy with an unmarried partner is one of the most important protection decisions you'll make, and unlike married couples, you get none of it by default. There are three common ways to take title. Joint tenancy with right of survivorship sends your share to the survivor automatically and avoids probate. Tenancy in common means each of you owns a share that passes by your will. Sole ownership puts one name on the deed, which leaves the other partner exposed.

Married couples get a web of automatic protections, including spousal inheritance, tenancy by the entirety, and the unlimited marital estate-tax exemption. Unmarried partners get none of that by law, so the words on your deed do the work those defaults would otherwise do. It's also good for your relationship to have the conversation with your partner, if you haven't already.

Here's what each option means for inheritance, probate, and taxes.

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Holding title as an unmarried couple, in four facts

What are your options for holding title if you're not married?

Unmarried couples usually choose among three ways to take title: joint tenancy with right of survivorship, tenancy in common, or sole ownership by one partner. Each divides ownership and inheritance differently. Joint tenancy sends your share to the co-owner automatically at death; tenancy in common lets each owner hold, and bequeath through regular estate planning, a defined share; sole ownership puts everything in one person's name.

A fourth path, a life estate or a trust, can layer on more control. The right pick depends on who paid what, who you want to inherit, and how much probate you want to avoid.

What is joint tenancy with right of survivorship?

Joint tenancy with right of survivorship means you each own the whole property together, and when one owner dies, their share passes automatically to the survivor, bypassing probate and any will. That automatic transfer is the appeal for couples who want the survivor to keep the home with no court process. The trade-offs: you can't leave your share to anyone else (the will has no effect on it), all owners typically hold equal shares, and either owner can sever the joint tenancy by transferring their interest. Since survivorship overrides your will, it's a decision to make deliberately.

Go deeper on how buying a home works when you're LGBTQ+ with the LGBTQ+ homebuying guide.

What is tenancy in common?

Tenancy in common means each owner holds a separate, defined share of the property, which can be unequal, and there is no right of survivorship, so your share passes through your estate to whoever your will names. This is often the better fit when partners contribute different amounts or want to leave their share to children or family rather than each other. You can own 60/40, sell or mortgage your share, and control who inherits it. The catch is that, because it passes by will, that share generally goes through probate, and without a will, state intestacy law (not your partner) decides who gets what.

Is it risky to have only one partner on the title?

Sole ownership, with just one partner named on the deed, is the riskiest option for the partner who isn't on it. If the owner dies without a will, the home passes to their legal heirs, usually blood relatives, not the surviving partner, regardless of what the couple intended (Nolo). In a breakup, the titled owner can sell or refinance and keep the proceeds, even if the other partner helped pay for the home. If sole ownership is unavoidable (say, for financing reasons), a will, a life estate, or a written cohabitation agreement can give the non-owner partner some protection.

How does holding title affect probate and taxes?

Joint tenancy avoids probate at the first death but can trigger the gift tax, while tenancy in common goes through probate but keeps each owner's estate and tax planning separate. Adding an unmarried partner to a deed as a joint tenant can count as a taxable gift of half the value, since, unlike spouses, unmarried partners have no unlimited marital gift or estate-tax exemption (Nolo). Tenancy in common shares pass through the will and probate, but each owner controls their own share's basis and beneficiaries. Estate and gift rules are technical and state-specific, so price them out with a professional before you title.

How to choose and protect your title

• Map who's paying what: equal contributions point toward joint tenancy or a 50/50 tenancy in common; unequal contributions usually point toward tenancy in common with matching shares.
• Decide who you want to inherit your share: your partner (joint tenancy or a will), or children and family (tenancy in common with a will).
• Weigh probate versus control: joint tenancy avoids probate but overrides your will; tenancy in common keeps control but passes through probate.
• Put it in writing beyond the deed: draft a cohabitation or property agreement covering contributions, buyout terms, and what happens in a breakup.
• Back the deed with an estate plan: a will, powers of attorney, and up-to-date beneficiary designations, especially if either partner is the sole owner.
• Check the gift-and-estate-tax angle before you record the deed, since adding a partner can be a taxable gift.
• Work with an LGBTQ+-affirming real-estate or estate-planning attorney licensed in your state who won't miss the nuances.

Educational content, not legal or financial advice. Property, probate, gift, and estate-tax rules vary by state and change over time. Consult a qualified, LGBTQ+-affirming real-estate or estate-planning attorney before deciding how to hold title.