As more couples choose to live together without getting married, it’s increasingly common for unmarried partners to buy homes or invest in property jointly. While this step can feel like a shared commitment, the law in Rhode Island does not treat unmarried couples the same way it treats married spouses — especially when it comes to real estate.
At McCormick Law Offices, we help individuals and couples understand their property rights, avoid disputes, and create legal protections that support long-term stability. If you’re considering buying property with a partner outside of marriage, here’s what you need to know.
Do Unmarried Couples Have Property Rights in Rhode Island?
Rhode Island law does not provide the same legal framework for unmarried couples as it does for married spouses. If your name is not on the title or deed, you may have no legal claim to the property — even if you contributed financially.
That’s why it’s critical to make sure ownership is clearly defined and documented from the start.
How Can Unmarried Couples Own Property Together?
There are several ways to title real estate when two unmarried people buy a home together:
1. Joint Tenancy
In a joint tenancy, both individuals own the property equally. If one partner dies, the other automatically inherits the deceased partner’s share through the right of survivorship. This must be specifically written into the deed.
2. Tenants in Common
With this option, each person owns a set percentage of the property — and it does not have to be equal. Ownership percentages can be structured based on financial contribution or other factors. If one partner passes away, their share goes to their estate, not the other owner.
3. Sole Ownership
If only one partner is listed on the deed, that person has full legal ownership — regardless of whether both people paid for the home or lived there together. This is one of the most legally vulnerable scenarios for the non-owning partner.
Risks of Joint Ownership Without Legal Protection
Buying property as an unmarried couple comes with important legal risks. These include:
- Disputes over ownership shares if there’s no clear agreement
- No protection for financial contributions from the non-titled partner
- No automatic right to live in or inherit the home if the titled partner dies
- Complex property division in the event of a breakup
Without a formal agreement in place, one partner could be left with no claim to the home, regardless of their investment.
How to Protect Your Rights as an Unmarried Couple
To reduce the risk of disputes, we recommend working with an experienced real estate attorney to create a co-ownership agreement. This legally binding contract can clarify:
- Who owns what percentage of the property
- How mortgage payments and other expenses will be handled
- What happens if the relationship ends or one partner wants to sell
- How the property will be divided in the event of death
In some cases, we may also recommend estate planning documents or powers of attorney to protect each party’s interests.
Read a similar article: Understanding Property Disputes and How to Resolve Them
Plan Ahead with the Right Legal Support
If you’re an unmarried couple thinking about buying property in Rhode Island or Massachusetts, it’s essential to take legal precautions upfront. At McCormick Law Offices, we can help you structure your property agreement, understand your rights, and prevent future conflicts — all with a personalized approach backed by over 30 years of experience.
Contact us today to schedule a consultation and ensure your property investment is secure.
