Married or Living Together? Here's How to Buy a Home Wisely as a Couple
Buying a home with your partner is a big step. You’re searching together for the ideal home, making plans for the future, and dreaming of a place that’s all your own. But have you considered that it makes a difference whether you’re married, legally cohabiting, or living together as common-law partners? That choice affects the ownership of the home, your financial arrangements, and what happens if life takes an unexpected turn. Don’t worry—we’ll walk you through the key differences so you can take the next step with confidence.
Thinking of buying a home? The buying process is the same for everyone
Good news: the purchase process doesn’t change based on your relationship status. Whether you’re married, in a registered partnership, or living together as a couple, you first sign the preliminary sales agreement or private sales contract, and then the notarial deed. Up to that point, everything is the same.
The real differences lie behind the scenes. How will the home be divided? What if one partner contributes more savings? And what happens if life suddenly takes an unexpected turn? Many couples don’t think about these things until after the fact. That’s a shame, because that’s exactly where clear agreements can prevent a lot of headaches.
Don't both of you have the same amount of personal funds? Make arrangements about that now
It happens more often than you might think. Maybe one partner has been able to save more over the years. Maybe parents are helping out financially, or one of the partners is contributing the proceeds from a previous home toward the purchase. That doesn’t have to be a problem at all—as long as the agreements are clear.
For married couples, the chosen marital property regime plays an important role. For unmarried couples, it is wise to establish in advance how their respective financial contributions will be handled.
A common solution is a private loan between partners. For example, you can both become 50% owners of the home, while the partner with the smaller down payment repays part of the difference to the other. This way, everything remains transparent and fair.
What if one of you passes away?
No one likes to think about a scenario like that. Yet this is precisely one of the biggest differences between married and unmarried couples.
Married? Then the law automatically provides more protection
If you are married, the surviving spouse automatically enjoys stronger legal protection. The exact nature of that protection depends on your matrimonial property regime and family situation.
Unmarried? Then you often need extra protection
The situation is different for couples who are actually living together. If no arrangements have been made, inheritance law determines who receives the estate. This could mean that children, parents, or other heirs become the owners of the deceased partner’s share. This can put the surviving partner in a difficult position. That’s why it’s wise to think about this before anything ever happens.
Legal cohabitation already provides an initial safety net
Do you want to better protect each other without getting married right away? If so, registered partnership could be an interesting option. The surviving partner automatically inherits the right to use the family home and its contents. In practical terms, this means that he or she can continue to live in the home. However, legal ownership remains with the legal heirs of the deceased partner. For many couples, this alone provides important initial protection.
Want more peace of mind? A will can help.
Do you want to protect each other even better? If so, a will can offer a solution. Through a will, unmarried partners can grant each other additional rights, although there are legal limits to this. For example, children always retain the right to a share of the estate. Furthermore, a will can be amended at a later date. That’s why professional advice is not a luxury in this situation.
The Accretion Clause: A Smart Form of Additional Protection
Another option is an accrual clause. That may sound complicated, but the principle is simple.
Partners agree that the share of the partner who dies first automatically passes to the surviving partner. As a result, in certain situations, that share is excluded from the ordinary estate. This can provide additional protection and sometimes prevents other heirs from immediately becoming co-owners of the home.
An accrual clause is a custom arrangement. There are conditions and potential tax implications. Therefore, always seek professional guidance.
Which plan is the best fit for you?
There is no ready-made solution.
The right choice depends on several factors:
Are you married, legally cohabiting, or living together as a couple?
Do you have children?
Does one partner contribute more of their own funds?
Do you want to provide each other with the maximum protection in the event of death?
Are you planning to renovate or resell the property in the future?
Every situation is different. That is why personalized advice from a notary is a valuable investment.
Buying a home as a couple is one of the most wonderful milestones in your lives. But in addition to searching for the ideal home, the legal aspects also deserve careful attention. By making clear agreements in advance about ownership, financial contributions, and protection in the event of death, you can avoid uncertainty and build your future with peace of mind.
Looking for a home where you can write a new chapter together? Living Stone is happy to guide you through every step of the purchase. Together, we’ll make sure you not only find the right home, but also start this new chapter well prepared.