Buying a home is often one of the most significant financial decisions you’ll ever make. It involves a major financial investment and an emotional commitment to where you’ll raise your family and establish your roots. Since most people stay in their homes for at least five years, your choice of residence will influence your long-term future. If you’re considering purchasing a home with a partner, you might wonder, “Do you have to be married to buy a house together?” This question is crucial as it affects your legal and financial planning.
Personally, I find exploring homes, analyzing the real estate market, and observing purchasing behaviors fascinating. Perhaps the abundance of home buying shows on television, or just curiosity, leads my wife and me to explore real estate websites. We like seeing what houses are selling for and what homes in our area are going for. With that said, buying a home and being intentional about purchasing that home is anything but fun and games.
Changing Trends in Homeownership
In the past, people typically bought homes with their spouses. If you’re interested, you can quickly find the percentage of homes purchased with a spouse from the 1950s to today by doing a simple Google search. I am confident that the statistics show that single individuals and unmarried couples buy more houses today than in prior generations.
Legal Considerations for Homeownership
The real estate market, foreclosure rates, and overall homeownership’s future impact remains undetermined. However, understanding the legal consequences of buying a home, whether with a spouse or an unmarried partner, is crucial. This isn’t about judgment or preaching. If you’re considering buying a home with someone you’re not married to, it’s essential to review the information in today’s blog post carefully.
No matter how serious your relationship is, a dating relationship lacks the legal status of marriage. Even if you feel married and act that way, the law sees you as two unmarried people who bought a home together. If one of you wants to move out or other issues arise, the law won’t offer the same protections as it does for married couples.
Financial Constraints and Homebuying
When you have less money saved and lack a solid career, you may feel that your time and options for buying a home are limited. This sense of restriction can lead you to make decisions that aren’t in your best interest. The reality is that having fewer options can drive you to act out of desperation, which often results in poor decision-making. You might make hasty choices that aren’t well thought out or intentional.
Purchasing a house with your spouse provides several advantages over buying with someone you are not married to. It doesn’t matter if the person who purchased the home with is your roommate, girlfriend, boyfriend, parent, brother, or another person who is not your spouse. The law protects married people who purchased a house together in ways that do not cover other people. That is what I would like to discuss with you in the next section of today’s blog post.
How does the law favor marrying and then purchasing a home?
As mentioned earlier, Texas law offers protections for individuals buying homes while married. The primary protection involves community property when purchasing a home with your spouse. Community property laws apply in divorces. This assumes that all property owned at the time of the divorce is jointly owned. As a result, the law requires dividing community property after divorce proceedings. This prevents your spouse from taking the house or its equity in a divorce without your agreement. Additionally, it recognizes and accounts for the money you contributed to the mortgage or home improvements.
Managing the Family Home in Texas
In a typical divorce, when a couple owns a community property home, a couple of different scenarios typically play out. The first scenario is that the family home will be sold due to the divorce. The equity in the home will be split between the two parties. If you purchased a home during your marriage, it will be classified as community property. It doesn’t matter if the house only bears your name or that your income went towards paying the mortgage. In Texas, this house is just as much your spouse’s as yours despite their lack of input regarding financial resources.
This setup benefits the spouse with fewer financial resources. Your spouse’s financial contribution to the family doesn’t matter. What matters is that you were married at the time the home was purchased. At that point, they have every right to take an ownership interest in that home as you do. Given this scenario, you would not be able to strong-arm your spouse into getting more economic benefit out of the house in the divorce.
Home Retention Options in Divorce
If one spouse decides to remain in the house after the divorce and the other agrees, the staying spouse can refinance the mortgage in their name. They can then pay half of the home’s equity to the departing spouse. Alternatively, if they don’t withdraw equity, they can distribute a similar amount of money from other parts of the estate to maintain fairness.
From this discussion, it’s evident that community property laws protect spouses’ interests during divorce. Many potential clients ask if their spouse can dominate the property division and leave them with nothing. I can confidently assure them that, due to our state’s community property laws, this is very unlikely.
What can happen if you purchase a house with someone you are not married to?
Buying a house with someone you were not married to carries risks; there’s no other way to put it. I’m not passing moral judgment if you have bought a house with someone you are not married to. I do not necessarily even have in mind a scenario where you and your boyfriend or girlfriend have purchased a house together. I could talk to you about buying the house with a relative or even with a roommate. The simple truth is that buying a home with anyone other than your spouse can be risky for you from a legal standpoint.
Dating Relationships vs. Marriage: Legal Implications for Homeownership
No matter how serious your relationship is, a dating relationship does not have the same legal status as marriage. Even if it feels like you’re married and you act as if you are, the law views you as two unmarried individuals who have bought a home together. If one of you wants to move out or if other issues arise, the law won’t provide the same protections as it does for married couples.
Consider a scenario where you and your significant other purchase a home together in Houston. He lives in the house for about a year when his partner suddenly passes away without a will. According to the laws of intestate succession, your partner’s shares of the house go to her mother. Consequently, you find yourself co-owning the home with your girlfriend’s mother. You must address this issue when she wishes to sell the house and claim her share of the equity. If you disagree with selling the house and wish to remain in it, you will likely need to buy out her equity stake and navigate other legal processes involved.
Homeownership and Breakups
Let’s consider a scenario where you own a home and have a mortgage solely in your name. Now, suppose you and your longtime boyfriend have resided in the house for over a decade. If you break up after ten years, another question arises. You’ll wonder whether you would owe your ex-partner additional money due to their contributions to the mortgage payments, home improvements, and other expenses.
If you were married during this period, the ownership stake in the property would have been clear to each person. You would have had to divide the home and split the equity, or your spouse would have received reimbursement for their contributions to community property. Conversely, if you and your partner were never married, they would have had to file a civil suit to receive compensation for their contributions towards the mortgage and home improvements. This process can become complex, moving the case from family court to a general civil court setting.
In conclusion, when considering the question, “Do you have to be married to buy a house together?” it’s important to know that marriage is not a prerequisite for co-owning a property. While legal and financial implications exist, clear agreements and careful planning can help manage these aspects effectively. Whether you’re married or not, addressing these factors will ensure that your home-buying decision aligns with your long-term goals and provides a stable foundation for your future together.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
if you have any questions about the material contained in today’s blog posts</a>; please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are an excellent way for you to learn more about the world of Texas family law and about the services that our law office provides to our clients.
Other Related Articles:
- Should You Keep the House in a Texas Divorce?
- Buying a House after Divorce
- Buying a House During a Divorce
- Navigating the Complexities: Determining Ownership of the Family Home in a Texas Divorce
- Does refinancing a home change ownership of it in relation to a Texas divorce?
- Own a home and going through a Texas divorce? Learn your options in this blog post
- Selling Your Home in a Divorce: Tips to Stay Calm and Move On
- The short sale of a home: How does it work and how can it impact your divorce
- The Dirty Trick of Getting Your Spouse to Leave the Marital Home
- Your home in a Texas Divorce: How to decide whether to sell or stay
Frequently Asked Questions
Yes, you can! Marriage isn’t a requirement for joint property ownership. Unmarried individuals, couples, or even friends can buy property together and share ownership.
Yes, Texas recognizes certain legal protections for unmarried partners who jointly own property. These protections vary, so it’s important to understand your rights based on your specific situation.
To establish a common law marriage in Texas, you must meet specific criteria, including presenting yourselves as married, living together, and agreeing to be married. Evidence such as joint bank accounts and shared bills can support your claim.
In Texas, married individuals who purchase a home together are subject to community property laws. These laws dictate that both spouses have an ownership interest, and they influence the division of the property during divorce or separation.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
