Joint Property, No Ring: Risks of Buying a Home with a Partner

 Posted on July 18, 2025 in Residential Real Estate

Buying a home with a romantic partner can feel like a natural step when you are living together and building a future. However, in Illinois, purchasing property as an unmarried couple comes with significant legal risks. While married couples are protected by Illinois divorce laws and the equitable distribution of marital assets (750 ILCS 5/501), unmarried partners do not have those same legal safeguards should the relationship end.  

If you and your partner are not married and have no clear property agreement, disputes over financial contributions, ownership rights, or selling the property can escalate quickly into an expensive legal battle. The home you dreamed of can quickly turn into a financial and emotional nightmare.

Before you sign a mortgage with an unmarried partner, it is crucial that you have a solid understanding of how Illinois treats joint property holders who are not married. It can be extremely beneficial to speak with an experienced Naperville, IL real estate attorney who can ensure your property agreement protects you and your future.

How Does Illinois Treat Property Owned by Unmarried Couples?

As noted, when an unmarried couple purchases a home together, if they split up, the property is not covered by divorce or marital property laws. There is no automatic right to property division based solely on the relationship, and Illinois does not recognize common-law marriage.

Unless a property agreement or cohabitation agreement is in place (and a cohabitation agreement may not be sufficient thanks to the Hewitt vs. Hewitt ruling), the property may be treated as tenancy-in-common or joint tenancy. Joint tenancy gives each person equal ownership. If one dies, the other automatically inherits the decedent’s share. Tenancy-in-common allows for different ownership percentages; if one partner dies, his or her share passes to heirs, not necessarily the other partner.  

What are Common Legal Disputes That Arise with Property Owned by Unmarried Couples?

Unfortunately, numerous legal disputes can arise from property owned by unmarried couples. While there could be a significantly unequal financial contribution regarding down payment or monthly mortgage payments, without an agreement stating otherwise, joint tenancy would award equal ownership to both partners. And what happens if one partner wants to sell the home and the other does not?

In this situation, partition action may be necessary. A partition action involves filing a lawsuit to compel the sale of the property. A judge will hear the case and determine ownership percentages of each party, then order the sale of the property and divide the proceeds accordingly. A partition agreement is usually considered a last resort, with reaching an agreement outside of court a better solution.    

What Happens if the Relationship Ends or One Partner Dies?

If the relationship ends, a partition action (described above) may be necessary to divide the property. Without a proper title designation, if a partner dies, there are no survivorship rights. If only one name is on the deed, even the partner who provided most of the money for the property could end up with no rights to the home at all.  

Making Sure You Are Protected Through a Property Agreement

It is essential to have your attorney draft a property agreement that clearly outlines who will cover what expenses, including the down payment, insurance, taxes, and the monthly mortgage payment. The attorney can also help determine how the title will be held and ensure the property agreement clearly addresses what will happen in the event of a split or the death of one partner.  

Contact a DuPage County, IL Real Estate Lawyer

Considering the challenges in proving verbal agreements and all the potential pitfalls that could arise, it is always better to plan ahead rather than litigate later. Buying a home together is a major commitment, especially when you are not protected by marriage laws.

Having a knowledgeable Wheaton, IL real estate attorney from The McCormick Law Firm, LLC ensures you have a clear, legal agreement that will help navigate any co-ownership decisions and avoid future disputes. Attorney McCormick is licensed to practice real estate law in Wisconsin and Illinois and offers discounts to military personnel, veterans, and first responders. Call 630-517-8570 to schedule your free consultation.