Ownership's Silent Clause
Mason O'Donnell
| 03-12-2025
· News team
Hey Lykkers! Let's talk about a major life step—and a potential minefield. So, you're thinking of buying a place with someone. Maybe it's your partner, your best friend, or a sibling.
You've picked out the perfect sofa for the living room and debated paint colors.
But have you had the real conversation? The one about what happens if one of you loses a job, wants to move out, or if your relationship changes?
If not, you're not alone. Most people focus on the dream, not the details. But the legal and financial ties you create when co-buying property are serious business. Let's walk through the crucial stuff you need to know before you sign, so your investment builds a foundation, not a feud.

The First Big Choice: How You Hold the Title

This isn't just paperwork; it's the rulebook for ownership. You typically have two main options, and the choice is critical:
- Joint Tenancy: This is common for committed partners. The key feature is the right of survivorship. If one owner passes away, their share automatically transfers to the surviving owner(s), bypassing the will. It's clean and simple for inheritance.
- Tenancy in Common: This is often better for friends, siblings, or business partners. You can own unequal shares (e.g., 70/30) and you can leave your share to anyone in your will. There is no automatic survivorship.

The Mortgage: You're Both on the Hook, 100%

Here's vital truth lenders don't always emphasize: If you apply for a mortgage together, you are both "jointly and severally liable."
In human terms? The bank doesn’t care if you split costs 50/50. If your co-owner stops paying, you are 100% responsible for the entire mortgage. Your credit will be wrecked if payments are missed.
"A joint mortgage allows two or more people to buy a home together when neither could apart," says real estate attorney and REALTOR® Bruce Ailion. "All borrowers are named on the mortgage note and share full legal responsibility for the entire payment – no matter what personal arrangements they may have made about dividing the costs."

The "What If" Agreement: Your Relationship Pre-Nup

This is your most important tool. A formal, written co-ownership agreement can save your finances and your friendship. It should answer the uncomfortable questions:
- What are the financial contributions? (Down payment, monthly costs, repairs)
- How will we make major decisions? (Selling, renting out, renovations)
- What is the exit strategy? This is the big one.
- How will we decide to sell?
- Can one person buy the other out? How will we determine the price (e.g., an appraisal)?
- What if one wants out and the other can’t afford to buy them out? A forced sale might be the only option.

The Bottom Line: Hope for the Best, Plan for the Rest

Buying property with someone can be a brilliant way to enter the market and share the journey. The key is to separate the emotion from the transaction. Have the hard conversations now, with professionals in the room. See a real estate attorney to draft your agreement. Consult a mortgage broker to fully understand your joint liability.
Do this, and you're not just buying a property—you're building a solid, legally sound partnership. Skip it, and you're risking one of the biggest investments of your life on a hope and a handshake.
Lykkers, have you considered co-buying? What's the biggest question on your mind about it? Share below—let's navigate this together.