Unmarried couples buying a home together in Pennsylvania do not receive the same legal protections as married couples. Without the right agreements and title structure in place, a breakup, a death, or even one partner’s personal debts could leave you without a home—or trapped in a property you can’t sell. In Bucks County, where the median home price sits between $509,000 and $537,000, the financial stakes are too high to leave anything to chance.
If you and your partner are planning to buy a home in Bucks County or anywhere in southeastern Pennsylvania, you’re in good company. According to the National Association of Realtors, unmarried couples now represent up to 18 percent of first-time homebuyers nationwide—an all-time high. More couples than ever are choosing to buy before they marry, or without plans to marry at all.
But here’s the problem most couples don’t discover until it’s too late: Pennsylvania law treats you and your partner as legal strangers when it comes to property rights. There’s no automatic inheritance, no equitable distribution, and no spousal protections. If you don’t plan ahead, you’re walking into one of the biggest financial commitments of your life with almost no safety net.
This guide explains the specific risks unmarried couples face in Pennsylvania, why those risks exist, and exactly how to protect yourselves before you close on a home. With nearly 20 years of real estate experience and 590 successful transactions, The DiCicco Team has guided countless Bucks County couples—married and unmarried—through the homebuying process. We know where the pitfalls are, and we know how to help you avoid them.
What You’ll Learn
- Why Pennsylvania Law Doesn’t Protect Unmarried Homebuyers
- The Real Risks: What Can Go Wrong Without a Plan
- How to Hold Title: Your Most Important Decision
- The Cohabitation Agreement: Your Financial Safety Net
- Five Steps to Protect Yourselves Before Closing
- Why Bucks County Couples Choose The DiCicco Team
- Frequently Asked Questions
Why Pennsylvania Law Doesn’t Protect Unmarried Homebuyers
Pennsylvania’s property laws were built around marriage. When a married couple buys a home, they automatically receive a form of ownership called “tenancy by the entirety,” which provides survivorship rights, creditor protection, and a legal framework for dividing assets if the marriage ends. None of these protections extend to unmarried partners.
It’s also worth noting that Pennsylvania abolished the creation of new common-law marriages in January 2005. No matter how long you and your partner have lived together, Pennsylvania will not recognize your relationship as a marriage—and will not grant you any of the property protections that come with one.
This means if you buy a $500,000 home together in Newtown or Doylestown, contribute equally to the mortgage for years, and then the relationship ends, Pennsylvania law provides no automatic mechanism for fairly dividing that asset. Whoever’s name is on the deed—and how the deed is structured—determines everything.
For couples who don’t realize this until a crisis hits, the consequences can be devastating. We’ve seen situations throughout Bucks County where one partner contributed to the mortgage, maintenance, and renovations for years, only to discover they had no legal claim to the property because their name wasn’t on the deed or the wrong ownership structure was in place.
The Real Risks: What Can Go Wrong Without a Plan
Understanding exactly what can go wrong helps explain why proper planning isn’t optional—it’s essential. Here are the most common scenarios that create serious problems for unmarried couples who buy without proper protections.
The Relationship Ends
When married couples divorce in Pennsylvania, the courts apply equitable distribution principles to divide marital property fairly. Unmarried couples get none of this. If the relationship ends and you can’t agree on what happens to the house, you’re looking at a potentially costly civil lawsuit with no guarantees. There is no family court process to fall back on, no presumption of equal ownership, and no automatic right to financial support while things get sorted out.
If only one partner’s name appears on the deed, the other partner may have no legal claim to the property at all—even if they contributed significantly to the mortgage, down payment, or home improvements.
One Partner Passes Away
This is where the lack of legal protection hits hardest. If your partner dies without a will and you’re not on the deed, you inherit nothing. Pennsylvania’s intestate succession laws pass assets to blood relatives—parents, siblings, nieces, nephews—not to an unmarried partner. Even if you’ve lived together for 20 years and shared every expense, the law treats you as a stranger to your partner’s estate.
You could find yourself forced to leave the home you’ve been living in and paying for, because your partner’s family now legally owns their share. This situation is entirely preventable with proper title structure and estate planning, but it requires action before something happens—not after.
One Partner’s Debts Threaten the Home
Married couples who hold property as tenants by the entirety enjoy significant creditor protection in Pennsylvania—a creditor of one spouse generally cannot force the sale of the jointly owned home. Unmarried couples don’t qualify for this ownership type. If your partner holds title as a joint tenant or tenant in common and has personal debts, judgments, or even goes through bankruptcy, their share of the property could be at risk. A creditor could potentially place a lien on your partner’s interest in the home.
Unequal Contributions Create Resentment and Disputes
Many couples contribute unequally to the purchase—one partner provides the down payment while the other covers closing costs, or income levels differ significantly so mortgage payments aren’t split evenly. Without a written agreement documenting these contributions and how they affect ownership percentages, disputes are almost inevitable if circumstances change. What felt like a fair arrangement when you were in love can feel deeply unfair when you’re not.
No Medical or Financial Decision-Making Authority
Beyond property concerns, unmarried partners have no automatic authority to make medical decisions or manage finances if their partner becomes incapacitated. Without a healthcare power of attorney and a durable financial power of attorney, your partner’s family—not you—will be called upon to make critical decisions, even if you’ve been the primary caregiver and partner for years.
How to Hold Title: Your Most Important Decision
The way your names appear on the deed is the single most important legal decision you’ll make as an unmarried couple buying a home. Pennsylvania offers two primary options for unmarried co-owners, and each has significant implications.
Joint Tenancy with Right of Survivorship
Under this structure, both partners own the property equally. If one partner passes away, the surviving partner automatically inherits full ownership without going through probate. The deceased partner’s heirs have no claim to the property.
This is often the right choice for committed couples who want to ensure their partner is protected in the event of death. However, it does require equal ownership—you cannot hold unequal shares under joint tenancy. It also does not provide the creditor protection that married couples receive through tenancy by the entirety. The deed language must specifically state “joint tenants with right of survivorship and not as tenants in common” to be valid.
Tenants in Common
This structure allows each partner to own a specific percentage of the property—for example, 60/40 or 70/30—reflecting their actual financial contributions. Each partner can sell or transfer their share independently, and upon death, their share passes to whoever they designate in their will (or to their blood relatives if there’s no will).
Tenants in common provides more flexibility for couples with unequal contributions but does not include survivorship rights. This means estate planning documents (specifically a will) are essential if you want your partner to inherit your share. It’s also important to know that Pennsylvania defaults to tenancy in common when multiple owners purchase a property together and the deed doesn’t specify otherwise.
What’s Not Available: Tenancy by the Entirety
This third option provides the strongest protections—survivorship rights, creditor protection, and the requirement that both owners consent to any sale or transfer. However, it is available only to married couples in Pennsylvania. If an unmarried couple later marries, the deed does not automatically convert—you would need to execute a new deed to gain these protections.
The Cohabitation Agreement: Your Financial Safety Net
A cohabitation agreement (sometimes called a co-ownership agreement or property agreement) is a legally binding contract that outlines each partner’s rights and responsibilities related to the property. Think of it as a prenuptial agreement for unmarried couples. Pennsylvania courts will enforce these agreements as long as they are properly drafted, signed voluntarily, and not entered into under duress.
A thorough cohabitation agreement should address:
Ownership percentages and financial contributions. Document exactly how much each partner contributes to the down payment, monthly mortgage, property taxes, insurance, and maintenance. Specify whether these contributions affect ownership shares over time.
What happens if you break up. Define who has the right to buy the other out, how the property will be appraised, what timeline applies, and how proceeds will be divided if the home is sold. Without this, you could end up in an expensive legal battle with no predetermined resolution.
How ongoing expenses are shared. Clarify who pays for repairs, renovations, property taxes, homeowner’s insurance, and utilities. Establish whether one partner’s sweat equity (for example, performing renovations) counts toward their ownership share.
Dispute resolution. Include a mediation or arbitration clause so disagreements can be resolved without going to court. This saves time, money, and emotional energy.
Having this conversation before you buy might feel awkward, but it’s far less uncomfortable than having it in the middle of a breakup or, worse, in a courtroom. In nearly 20 years and 590 transactions throughout Bucks County, we’ve seen that couples who plan ahead have smoother transactions and stronger outcomes—regardless of what happens later in the relationship.
Five Steps to Protect Yourselves Before Closing
1. Decide How to Hold Title
Before you start looking at homes in Newtown, Doylestown, or anywhere in Bucks County, have a frank conversation about ownership structure. If your contributions are equal and you want survivorship protection, joint tenancy with right of survivorship is likely the best fit. If contributions are unequal, tenants in common with clearly defined percentages may be more appropriate. Consult with a real estate attorney to understand the implications of each option for your specific situation.
2. Draft a Cohabitation Agreement
Work with a family law or real estate attorney to create a comprehensive written agreement before closing. Address ownership, expenses, exit strategies, and dispute resolution. Each partner should ideally have separate legal counsel to ensure both interests are fully represented. This investment in legal fees upfront can save tens of thousands of dollars and enormous stress down the road.
3. Get Both Names on the Mortgage and the Deed
Your name on the mortgage means you’re responsible for the debt. Your name on the deed means you own part of the property. These are not the same thing, and being on one doesn’t guarantee you’re on the other. Make sure both partners are listed on both documents. If only one partner qualifies for the mortgage, the cohabitation agreement becomes even more critical for documenting the other partner’s contributions and ownership rights.
4. Update Your Estate Planning
At minimum, each partner should have a will that specifies their wishes for the property, a healthcare power of attorney naming their partner, and a durable financial power of attorney. Without these documents, your partner has no legal authority to act on your behalf and no right to inherit your share of the home. If you’re holding title as tenants in common, a will is absolutely essential—otherwise your share goes to your blood relatives under Pennsylvania law, not to your partner.
5. Work with a Real Estate Agent Who Understands the Nuances
Not every agent is equipped to guide unmarried couples through the additional considerations this situation requires. You need an agent who will ask the right questions, connect you with the right professionals, and ensure nothing falls through the cracks during what is already a complex process. With 590 transactions across Bucks County, Montgomery County, and Philadelphia, The DiCicco Team has helped couples in every type of situation navigate the homebuying process with confidence.
Why Bucks County Couples Choose The DiCicco Team
Buying a home as an unmarried couple requires more than finding the right property. It requires guidance from professionals who understand both the real estate transaction and the unique legal considerations involved.
Nearly 20 years of experience across every type of transaction means we’ve worked with married couples, unmarried partners, investors, first-time buyers, and families in every configuration. We understand what questions to ask and what protections to recommend before you get to the closing table.
Anthony’s construction and investment background provides an advantage most agents can’t offer. With 18 years of experience in investment properties and renovations, he can evaluate a home’s true condition and identify potential issues that could become expensive surprises—information that’s critical when two people are combining resources to make a major purchase.
590 successful transactions and a 98 percent list-to-sale ratio reflect the depth of market knowledge and negotiation skill we bring to every deal. Whether you’re buying a starter home in Warrington or a property in the Council Rock School District, we ensure you’re making an informed decision at a fair price.
Trusted professional connections throughout Bucks County mean we can connect you with experienced real estate attorneys, lenders who work with unmarried co-borrowers, title companies familiar with non-traditional ownership structures, and estate planning professionals—all essential pieces of the puzzle when buying as an unmarried couple.
What our clients say most often: “He doesn’t sugar coat a thing.” “Always responsive and available.” “Made the process seamless.” “Encouraged us to wait for a home we truly loved.” With 5-star ratings on both Google (110+ reviews) and Zillow (95 reviews), our reputation is built on honest guidance and consistent results.
Frequently Asked Questions
Can unmarried couples get a mortgage together in Pennsylvania?
Yes. Lenders evaluate unmarried co-borrowers the same way they evaluate married couples—based on credit scores, income, debt-to-income ratios, and employment history. Both partners’ incomes can be used to qualify for a larger loan. The key difference isn’t in getting the mortgage—it’s in how the property is titled and what happens legally if the relationship changes.
What happens to the house if we break up and there’s no agreement?
Without a written agreement, ownership is determined entirely by the deed. If you’re joint tenants, you each own half regardless of contributions. If you’re tenants in common without specified percentages, Pennsylvania may presume equal ownership. Disputes often end up in civil court, which is expensive, time-consuming, and unpredictable. A cohabitation agreement prevents this scenario by establishing clear terms in advance.
Does Pennsylvania recognize common-law marriage?
No. Pennsylvania abolished the creation of new common-law marriages in January 2005. Regardless of how long you’ve lived together or whether you consider yourselves married, the state does not recognize unmarried partnerships as marriages. Only couples who established a common-law marriage before 2005 may still have those rights recognized.
What’s the difference between being on the mortgage and being on the deed?
The mortgage is the loan—it determines who is financially responsible for repaying the debt. The deed determines ownership—who actually owns the property. You can be on the mortgage without being on the deed, meaning you’re obligated to pay for a home you don’t legally own. This is a critical distinction for unmarried couples to understand before closing.
Should we each have our own real estate attorney?
Many legal professionals recommend that each partner consult their own attorney, particularly for the cohabitation agreement. A single attorney can’t fully represent both parties’ interests if those interests conflict. Separate attorneys ensure each person receives unbiased advice. For the real estate transaction itself, working with one experienced real estate agent like The DiCicco Team streamlines the process while protecting both partners’ interests.
What if we get married after buying the house?
Getting married does not automatically change how your property is titled. If you purchased as joint tenants or tenants in common, the deed stays that way until you execute a new one. To gain the protections of tenancy by the entirety (the strongest ownership form for married couples in Pennsylvania), you’ll need to create and record a new deed after marriage. Consider also creating a prenuptial agreement before the wedding to clarify how premarital property contributions will be handled.
What down payment assistance is available for unmarried couples in PA?
Pennsylvania offers several programs through the Pennsylvania Housing Finance Agency (PHFA) that are available to all qualified buyers regardless of marital status. These include the K-FIT program (5 percent of the purchase price, forgiven over 10 years), Keystone Advantage (up to $6,000 at 0 percent interest over 10 years), and HOMEstead (up to $10,000, forgiven over 5 years). Income limits and credit score requirements apply. The DiCicco Team can connect you with lenders experienced in these programs.
How much does it cost to buy a home in Bucks County right now?
The median home price in Bucks County is currently between $509,000 and $537,000, reflecting 8 to 12 percent year-over-year appreciation. Homes are selling in an average of 7 to 33 days, with well-priced properties in desirable school districts like Council Rock, Central Bucks, and New Hope-Solebury receiving multiple offers. Inventory remains tight at approximately 1.7 months of supply.
Ready to Buy Your First Home Together?
Buying a home as an unmarried couple in Pennsylvania is absolutely achievable—it just requires more planning than most people realize. The good news is that the protections available to you are straightforward to put in place, as long as you act before closing day, not after. Decide on your title structure early, invest in a cohabitation agreement, ensure both names are on the deed, update your estate planning documents, and work with professionals who understand the unique considerations involved.
Contact The DiCicco Team for a free buyer consultation. We’ll discuss your goals, walk you through the current Bucks County market, connect you with trusted lenders and attorneys, and help you build a plan that protects both partners throughout the process.
Call (215) 385-2006 or visit us to schedule your consultation. We serve all of Bucks County, Montgomery County, and Philadelphia.
With 590 successful transactions, a 98 percent list-to-sale ratio, and 5-star ratings on Google and Zillow, The DiCicco Team is ready to help you and your partner buy your Bucks County home with confidence.
