More luxury home purchases today involve buyers who aren’t married to each other — long-term partners, siblings splitting an inheritance toward a shared property, friends pooling resources for a shore house, or business partners investing in real estate together. However you’re buying with someone else, the way title is held has real consequences: it determines what happens if one owner dies, what happens if the relationship or partnership ends, and how much flexibility each owner has to sell or borrow against their share. This is a decision worth making deliberately, with the help of a real estate attorney, rather than defaulting to whatever the title company suggests at closing.
The Two Basic Options: Tenancy in Common and Joint Tenancy
Both Pennsylvania and New Jersey recognize two primary ways for co-owners to hold title who are not married to one another:
- Tenancy in common. Each owner holds a distinct, separate share of the property — which does not have to be equal — and that share can be sold, gifted, or left to heirs independently of the other owners. There is no automatic right of survivorship.
- Joint tenancy with right of survivorship. Owners hold title together as a single unit, typically in equal shares, and when one owner dies, their share passes automatically to the surviving joint tenant(s), regardless of what their will says.
The distinction sounds technical, but it shapes some of the most consequential outcomes of shared ownership.
What Happens If One Owner Dies
This is where the two structures diverge most sharply. Under joint tenancy with right of survivorship, the deceased owner’s interest passes directly and automatically to the surviving co-owner(s), bypassing probate entirely for that asset. Under tenancy in common, the deceased owner’s share becomes part of their estate and passes according to their will (or state intestacy law if there’s no will) — which could mean the surviving co-owner suddenly finds themselves sharing the property with the deceased owner’s children, other relatives, or anyone named in the will. For unmarried couples in particular, this is a critical point: without right of survivorship, a long-term partner has no automatic claim to a deceased partner’s share, however long they lived together.
What Happens If the Relationship or Partnership Ends
Co-ownership works well until it doesn’t. If a relationship ends, a business partnership dissolves, or co-owners simply disagree about the property’s future, either structure allows an owner to force a resolution through a legal action called partition, which can result in a court-ordered sale if the owners can’t agree privately. A well-drafted co-ownership agreement, discussed below, is the single best way to avoid ending up in that process.
Financing Considerations for Co-Buyers
Lenders generally evaluate all co-borrowers’ income, assets, and credit together when underwriting a jumbo loan, and all owners on title are typically required to be on the mortgage as well. If one buyer is contributing a larger down payment or has substantially stronger credit, it’s worth discussing with your lender and attorney how that imbalance should be reflected in ownership percentages and in any co-ownership agreement, rather than assumed to be a 50/50 split by default.
Written Co-Ownership Agreements: Why They Matter
Whichever title structure you choose, a separate written co-ownership (or “tenants in common”) agreement is worth the legal fees it costs to draft. A good agreement typically addresses:
- How ownership percentages were determined and how they’re recorded
- How ongoing costs — mortgage, taxes, insurance, maintenance, capital improvements — are shared
- What happens if one owner wants to sell and the other doesn’t, including a right of first refusal
- How a buyout would be valued and financed if one owner wants out
- What happens in the event of death, disability, or a dispute
This document does the work that a prenuptial agreement does for married couples — it settles the hard questions in advance, while everyone is getting along, rather than in the middle of a dispute.
Should You Consider an LLC or Trust Instead?
For some co-buyers, particularly business partners or larger family groups pooling resources for a vacation property, holding title through an LLC or trust can offer additional structure, privacy, and flexibility — including the ability to transfer membership interests without the same complications as transferring real property directly. This comes with its own costs, tax considerations, and lender requirements (jumbo lenders don’t always finance LLC-held property on the same terms as individual buyers), so it’s a conversation to have with both a real estate attorney and a tax advisor before you’re under contract.
State-Specific Notes for Pennsylvania and New Jersey
Both Pennsylvania and New Jersey default to tenancy in common when a deed to unmarried co-owners doesn’t specify otherwise — joint tenancy with right of survivorship must be explicitly stated on the deed to apply. This makes it especially important to review exactly how title will be worded before closing, rather than assuming a particular outcome. An attorney licensed in the state where the property is located should review the deed language directly.
Frequently asked questions
Can co-owners hold unequal shares under tenancy in common?
Yes. Tenancy in common allows owners to hold any percentage split they agree to — for example, 70/30 based on differing down payment contributions — and each owner’s share can be transferred independently of the others.
Does joint tenancy avoid probate entirely?
It avoids probate for that specific property, since the surviving owner’s title passes automatically outside of the estate process. Other assets the deceased owner held would still go through probate according to their own titling.
Is a co-ownership agreement legally binding if it’s separate from the deed?
Yes, a properly drafted and signed co-ownership agreement is a binding contract between the owners, separate from and in addition to the deed itself. It’s the document that governs the practical, day-to-day, and exit-scenario questions the deed doesn’t address.
If you’re buying a luxury property with a partner, sibling, or friend and want to talk through how to structure ownership, James Kennedy can help you think through the real estate side and connect you with a qualified attorney for the legal structure — call 215-267-8479 or email jameskennedy@unlockedteam.com.









