01 Jan Buying a Home Before Marriage in Texas: Why It Can Become a Legal Minefield
Recent headlines involving Bella Hadid and professional rodeo athlete Adan Banuelos have sparked renewed attention on a growing legal issue. More couples are buying homes together before marriage. While purchasing property is often seen as a major milestone, doing so without the legal protections of marriage can create serious complications if the relationship ends.
What may look like a straightforward real estate decision can quickly turn into a complex legal dispute. Understanding how Texas law treats property ownership for unmarried couples is essential before signing a deed or mortgage.
The Illusion of Community Property Protection
A common misconception is that long-term partners have the same property rights as married couples. In Texas, community property laws apply only to legally married spouses.
For unmarried couples, property rights depend entirely on how the home is titled and whether written agreements exist. Without a cohabitation or co-ownership agreement, a breakup may leave one partner with fewer rights than expected, even if they contributed financially to the property.
Texas courts generally look to ownership documents first. Verbal agreements or informal understandings rarely provide adequate protection.
Understanding Joint Ownership Options
How the title is taken at closing can significantly affect future outcomes. Unmarried couples typically choose between two ownership structures.
Tenants in Common
This is the default form of ownership in Texas. Each person owns a defined percentage of the property, which does not have to be equal. If one owner passes away, their share transfers to their heirs rather than the surviving partner.
Joint Tenants With Right of Survivorship
This option must be clearly stated in the deed. If one owner dies, their interest automatically passes to the surviving owner. While this structure can simplify inheritance, it does not resolve ownership disputes if the relationship ends during both parties’ lifetimes.
When Co-Owners Cannot Agree to Sell
If one partner wants to sell the home and the other does not, Texas law allows a legal remedy known as a partition lawsuit.
Right to Partition
Under Texas law, a co-owner generally has the right to ask the court to divide the property. This right exists even if the other owner objects.
Partition by Sale
Because residential properties cannot usually be divided physically, courts often order the home sold and the proceeds divided according to ownership interests.
Equitable Reimbursement
Courts may adjust the final distribution if one owner can show they paid more than their share toward the purchase price, mortgage, taxes, or significant improvements.
Partition actions can be expensive and time-consuming, which is why planning ahead is critical.
Practical Steps to Protect Your Investment
Unmarried couples purchasing property together can reduce risk by putting protections in place early.
Create a Co-Ownership Agreement
A written agreement can define financial responsibilities, ownership percentages, and buyout terms if the relationship ends.
Keep Detailed Records
Document all contributions, including down payments, mortgage payments, repairs, and improvements. Clear records may be important if disputes arise later.
Clarify Intentions in Writing
If you do not intend to enter into a common-law marriage, that intent should be stated clearly in any cohabitation or property agreements.
Frequently Asked Questions
Does Texas recognize common-law marriage for property disputes?
Texas recognizes informal marriage only if specific legal requirements are met. These include an agreement to be married, living together in Texas, and representing to others that you are married. If proven, community property laws may apply.
What if only one person is on the deed?
The person named on the deed is generally considered the legal owner. A non-owner may have difficulty claiming an interest without a written agreement or clear evidence of substantial financial contribution.
Can one partner force the other to leave the home?
If both names are on the deed, both owners usually have the right to occupy the property unless a court order provides otherwise.
Helpful Internal Resources
- Property Division and Asset Tracing
https://nfamilylaw.com/property-division/ - Collaborative Resolution Options
https://nfamilylaw.com/mediation/ - About Our Board Certified Legal Team
https://nfamilylaw.com/about/
Planning Ahead Before You Buy
Buying property together before marriage requires careful planning. Understanding ownership structures and documenting expectations can help reduce uncertainty and future disputes.
Navarrette Family Law works with clients throughout Denton County and surrounding North Texas areas to address property ownership concerns, cohabitation agreements, and complex asset issues. Scheduling a consultation can help you evaluate options and protect your investment.
This content is for general informational purposes only and does not constitute legal advice. Every case is different.