What Unmarried Couples in Florida Need to Know Before Buying a Home Together

Buying a home with a partner is a big step, especially if you're not legally married. While love and commitment may be strong, the law views unmarried couples very differently than married ones—particularly in Florida. Understanding your rights and protections before purchasing a home together can save you from costly mistakes and legal complications down the road.

1. Why Florida Law Matters

Florida is an equitable distribution state, meaning that in a divorce, marital assets are divided fairly, not always equally. However, these protections only apply once you are legally married. If you're unmarried, Florida law views your home purchase as a business transaction, not a marital one. This means you don’t have the same default legal protections as spouses do.

2. Title Options for Unmarried Couples in Florida

How you take title—i.e., how ownership is recorded—has serious legal implications.

Tenants in Common

• Each partner owns a specific percentage of the property (can be 50/50 or unequal).

• Either partner can sell or bequeath their share independently.

• No automatic right of survivorship.

• Best option if one person contributes more financially.

Joint Tenants with Right of Survivorship

• Both partners own the property equally.

• If one partner dies, the other automatically inherits the entire property.

• Must be clearly stated in the deed.

Tenancy by the Entirety

• Only available to married couples in Florida, so this option is off the table for unmarried buyers.

3. Handling Unequal Contributions

If one partner is putting down more money or paying more toward the mortgage or improvements, it’s vital to document everything. Florida courts don’t assume fairness without proof.

Recommended Action: Sign a property or cohabitation agreement outlining:

• The percentage of ownership

• Financial contributions and responsibilities

• What happens if one partner wants to sell

• How proceeds will be divided in case of a breakup or sale

4. Getting a Mortgage Together

Unmarried couples have two mortgage options in Florida:

Individual Mortgage:

• One person applies and is solely responsible for the loan.

• Only their name is on the title unless otherwise stated.

Joint Mortgage:

• Both partners apply.

• Both incomes and credit scores are considered.

• Both are equally liable for the loan.

Before proceeding, agree on how ownership and financial obligations will be divided.

5. If You Don’t Get Married

If your relationship ends without marriage, Florida law treats you as co-owners, not ex-spouses:

• One partner may have to buy out the other.

• Without a written agreement, a court could force a sale through a partition lawsuit.

• No divorce protections apply.

Tip: Have a written agreement in place to avoid legal conflict.

6. If You Do Get Married Later

A home purchased before marriage typically remains separate property. However, this can change depending on your actions after the wedding:

• Refinancing the home in both names

• Adding your spouse to the title

• Using marital funds to pay the mortgage or renovate

These steps can potentially convert the home into marital property, partially or fully.

7. If You Divorce in Florida

In a divorce, Florida courts will:

• Separate marital from non-marital property

• Consider financial or labor contributions made by the non-owner spouse

• Possibly credit the spouse who made significant improvements to the property

8. Estate Planning Considerations

Without proper estate planning, an unmarried partner may not inherit the home if the other passes away. Florida law will typically pass the deceased partner’s share to their biological family unless stated otherwise in a will or deed.

Key Steps:

• Create a will or trust specifying who inherits what

• Consider adding a survivorship clause in the deed

• Update documents after marriage

9. Florida-Specific Action Checklist

Before and after buying a home together, make sure to:

• ☐ Choose your form of ownership: Tenants in Common or Joint Tenants with Right of Survivorship

• ☐ Draft a Florida-specific cohabitation or property agreement

• ☐ Track and document all financial contributions

• ☐ Address estate planning (wills, trusts, life insurance)

• ☐ Review and update title and mortgage if you get married

• ☐ Consult a qualified Florida real estate attorney

The Bottom Line

Buying a home as an unmarried couple in Florida is absolutely doable—but it requires thoughtful planning and clear communication. Understanding your rights and documenting everything is crucial to protecting your investment and your relationship.