What Unmarried Couples Need to Know Before You Sign

Across South Jersey — from Mount Laurel to Haddonfield to Cherry Hill — more couples are choosing to buy homes together before marriage. Rising housing costs, evolving relationship norms, and long-term financial planning are all part of the equation for unmarried couples.

It’s a meaningful step. It’s also a legal one.

Unlike married couples, unmarried partners in New Jersey do not automatically receive the same legal protections for property division, inheritance, or support upon relationship dissolution. That makes planning ahead not just wise — but necessary.

Recently, I was asked to weigh in on this topic as a local Mount Laurel, NJ legal resource in a Redfin [powered by Rocket] article exploring how unmarried couples can protect themselves when purchasing property. The conversation reflects what we regularly counsel clients on here in New Jersey: clarity today prevents conflict tomorrow.

You can read the full article here: Buying a House as an Unmarried Couple: 8 Steps to Plan and Protect Your Investment.

Below are some of the most important New Jersey-specific considerations.

Start with an Honest Financial Conversation

Before touring homes, have the conversations most couples avoid:

• Who is contributing to the down payment?
• Will mortgage payments be split equally or proportionally?
• What happens if one person’s income changes?
• Are you planning to marry — or intentionally choosing not to?

South Jersey’s real estate market moves quickly. But thoughtful conversations should move more deliberately.

Understand the Mortgage vs. the Deed

Being on the mortgage is not the same as being on the deed. In New Jersey, couples can structure ownership in different ways:

• Both on the mortgage and the deed
• One on the mortgage but both on the deed
• Unequal ownership percentages

How title is held matters. Joint Tenancy with Right of Survivorship means if one partner dies, the other automatically inherits the property. Tenants in Common allows ownership percentages to differ and permits each partner to leave their share to someone else through a will. Each option carries legal consequences that should be understood before closing.

Consider a Cohabitation Property Agreement

As I explained in the Redfin feature:

“A written cohabitation agreement is something I often recommend unmarried couples use to protect their financial interests and address any future support claims in the event the relationship ends. Specific provisions defining each party’s rights and obligations relating to support, property division and exit strategies are essential.”

A well-drafted cohabitation agreement can address:

• Ownership percentages
• Responsibility for mortgage, taxes, and upkeep
• Buy-out provisions
• Sale triggers
• Exit strategies
• Support expectations, if any

This isn’t planning for failure. It’s protecting an investment.

The Bottom Line for Unmarried NJ Homebuyers

Buying a home together without being married is increasingly common — and often financially strategic.But unlike marriage, cohabitation does not create automatic legal safeguards. When purchasing property anywhere in New Jersey, protecting your investment means clearly and formally defining expectations.Thoughtful planning today can prevent costly and emotional disputes later.

Thomas Roberto is a partner and shareholder at Adinolfi, Roberto, Burick & Molotsky, PA.  Tom focuses his practice on helping clients throughout New Jersey with their unique family law issues.  Tom is a critical thinker and practical problem solver, helping his clients resolve emotionally difficult and financially important issues in their pressing divorce and family law issues.  Learn more about Tom and what his client’s have to say about him by visiting Tom’s AVVO reviews here.