How to Buy a House With Another Person
Sharing homeownership? Learn how to legally and financially structure your joint property purchase to ensure a smooth and secure investment.
Sharing homeownership? Learn how to legally and financially structure your joint property purchase to ensure a smooth and secure investment.
Buying a home with another person, whether a partner, family member, or friend, is a common way to combine resources for homeownership. This joint investment requires understanding legal implications, financial responsibilities, and formal agreements.
When buying property together, choosing the legal ownership structure is important. This decision affects rights, responsibilities, property transfer, and what happens upon an owner’s death.
One common arrangement is Tenancy in Common. Each owner holds a distinct, undivided interest, owning a specific percentage of the asset. Shares can be unequal, and owners can sell or transfer their share independently. Upon an owner’s death, their share passes to their heirs, not automatically to the surviving co-owner.
Another widely used structure is Joint Tenancy with Right of Survivorship. All owners hold an equal, undivided interest. The right of survivorship means that upon one owner’s death, their interest automatically passes to the surviving owner(s), bypassing probate. This ensures continuity of ownership. To establish joint tenancy, owners must acquire their interest at the same time, by the same instrument, with equal shares, and have equal right to possess the property.
For married couples, Tenancy by the Entirety is available in many states. This structure includes the right of survivorship. Neither spouse can unilaterally sell or transfer their interest without the other’s consent. It often provides creditor protections, shielding the property from one spouse’s individual debts.
Financial planning is important when buying a house with another person. Lenders assess the combined incomes and credit profiles of all applicants for mortgage qualification. The lowest credit score can influence the interest rate. All parties should obtain credit reports in advance.
Agreeing on down payment contributions is a foundational step. Documenting these initial investments prevents future misunderstandings, especially if contributions are unequal. Mortgage payments, property taxes, and homeowner’s insurance are the largest ongoing expenses. Property taxes (0.5% to 2.5% annually) and insurance premiums ($1,000 to $3,000 yearly) are often collected by the lender via escrow.
Budget for utilities and maintenance. A joint emergency fund for unexpected repairs is advisable. All co-borrowers are jointly and severally liable for the mortgage debt, meaning each is responsible for the entire loan. A late payment or default by one negatively impacts all co-borrowers’ credit.
Co-borrowing affects individual credit reports and future borrowing capacity, as the mortgage debt increases reported debt load. Open communication about financial matters is important. A joint bank account for home expenses can simplify payment management.
A formal co-ownership agreement is a legal document separate from the property deed. It provides a framework for managing joint property and resolving disputes, offering clarity and protection. Without it, co-owners rely on general property laws.
The agreement should detail initial financial contributions, including down payment and closing costs. It must outline the division of ongoing expenses like mortgage payments, property taxes, insurance, and utilities. It should also specify how costs for maintenance, repairs, and improvements will be shared.
Decision-making processes for significant property matters, like renovations or refinancing, should be defined. The agreement can establish if unanimous consent or a majority vote is required. It should also address terms for one party to buy out the other’s interest, detailing the valuation method and payment schedule.
The agreement must establish procedures for selling the property, including how the sale price is determined and how net proceeds are distributed after deducting costs. Contingencies for unforeseen events, like an owner’s death or relationship change, are also important. An attorney specializing in real estate law should draft this agreement.
With legal structures, financial planning, and a co-ownership agreement in place, co-buyers can navigate the home acquisition process. First, find a real estate agent experienced with multiple buyers. An experienced agent can help align preferences and priorities.
Establish joint search criteria with the agent, communicating preferences for location, property type, size, and amenities. This ensures property showings meet collective needs. Making a unified offer requires agreement among all co-buyers on price, contingencies, and closing timeline.
The joint mortgage application involves all co-borrowers formally applying for financing. Lenders gather financial documentation from each applicant. After an offer is accepted, thorough inspections and appraisals are standard.
All co-buyers should review the inspection report. An appraisal assesses the property’s market value. The final stage is closing, where co-buyers sign legal documents like the promissory note and the deed, which transfers ownership.