Buying With a Partner Unmarried in Florida: Title, the Note and the Agreement You Need
Buying with a partner unmarried Florida couples do every day works on any loan. The gaps are legal: how title is held, what happens at a split or a death, and who pays what. A written agreement fills them.
Educational content only. This article is for informational purposes and does not constitute financial, legal, or lending advice. Loan programs, rates, and eligibility requirements change frequently. Consult a licensed mortgage professional before making any borrowing decision. Mortgage Capital | NMLS# 1859012 | Licensed in Florida.
Buying with a partner unmarried Florida couples do every day works on any mortgage programme; lenders do not care about marital status.
The gaps are legal: how title is held, what happens at a split or a death, and who pays what. A written agreement fills them. Our guide to co-signing a mortgage in Florida covers the one-name version.
The loan
Both on the note as co-borrowers, or one alone.
Both incomes count if both are on the loan; the lower credit score prices it.
See our guide to credit score tiers and mortgage pricing in Florida.
One partner with strong credit and enough income can carry it alone.
The other can still be on title.
Title options
Joint tenants with right of survivorship: the survivor takes the whole.
Tenants in common: each owns a share that passes by will.
See our guide to tenants in common versus joint tenancy in Florida.
Tenancy by the entirety is for married couples only.
The deed states which.
Unequal contributions
One partner brings more down payment.
Tenants in common with unequal shares reflects it on the deed.
Or equal shares with a written agreement for reimbursement at sale.
See our guide to gift funds in Florida for how a partner's contribution is documented to the lender.
Decide before closing.
The cohabitation agreement
A contract covering contributions, payments, expenses, buyout terms at a split, and sale procedure.
The Florida Bar consumer information explains that unmarried partners have no default property rights.
An attorney drafts it in a few hours.
It prevents the dispute that ends most unmarried co-ownerships badly.
Sign it before closing.
A split
One buys the other out with a refinance to remove the departing partner from the note.
See our guide to refinancing to remove a co-borrower in Florida.
Or the home sells and the proceeds split by the agreement.
Without an agreement, a partition lawsuit is the fallback.
Slow and expensive.
Death
Joint tenancy passes the home to the survivor automatically.
Tenants in common passes the deceased's share to their heirs, who become the survivor's co-owners.
See our guide to inherited property with a mortgage in Florida.
Florida homestead rules can complicate a partner's inheritance.
A will and the right deed together.
Homestead
Both partners on title and living there share the exemption.
See our guide to the Florida homestead exemption.
Florida's homestead descent rules apply to spouses and minor children, not partners.
A partner not on title has no homestead protection.
Title matters more than the lease ever did.
Mortgage payments
One account both fund, paying the servicer.
Both are fully liable if both signed the note.
See our guide to late mortgage payments in Florida.
A partner who stops paying damages both credit files.
The agreement sets the split; the lender does not care.
Taxes
Mortgage interest and property tax are deducted by whoever paid them, in proportion.
See our guide to the mortgage interest deduction in Florida.
Only one 1098 is issued; the other partner attaches an explanation.
The capital gains exclusion applies per owner, $250,000 each, if both meet the use test.
Two singles can exclude more than one couple.
Insurance
Both on the homeowners policy as named insureds.
See our guide to Florida homeowners insurance cost.
A partner not on title needs renters coverage for belongings.
The mortgagee clause names the lender.
Update it if title changes.
One on the loan, both on title
Common when one partner's credit is weak.
The non-borrower is an owner without liability for the note.
Florida does not require the non-borrowing partner to sign the mortgage, unlike a spouse.
The lender may still ask.
The agreement covers their contribution.
Programme notes
FHA, VA, USDA and conventional all allow unmarried co-borrowers.
See our guide to FHA qualifications in Florida.
A veteran and a non-veteran partner on VA face a down payment on the non-veteran's share.
See our guide to VA loan requirements in Florida.
Down payment assistance counts both incomes for limits.
Marriage later
Converting to tenancy by the entirety by deed after marriage.
See our guide to tenancy by the entirety in Florida.
Creditor protection and automatic survivorship follow.
The loan does not change.
A quitclaim between spouses is exempt from doc stamps.
Buying with friends
The same rules with less presumption of shared finances.
See our guide to tenants in common versus joint tenancy in Florida.
Tenants in common and a detailed agreement.
Exit terms matter most.
Plan the end at the start.
A worked structure
Both on the note; tenants in common at 60/40 reflecting the down payment; a cohabitation agreement with a buyout formula and a sale trigger.
Joint account funds the payment.
Both named on the policy; both file homestead.
Wills leave each share to the other.
The CFPB's guidance on co-borrowers covers the loan side.
Down payment assistance and two incomes
Assistance programmes count household income for limits.
Two incomes can push a household over.
One partner buying alone may qualify where both together do not.
The other can still contribute with a documented gift.
Run both structures.
Where to start
Decide who is on the note and how title will read.
Have an attorney draft the cohabitation agreement before you offer.
Then get a pre-approval structured for one or both borrowers as the numbers dictate.