justia lawyer rating
super lawyers logo
avvo clients choice logo
avvo top attorney rating eli underwood
lawyers of distinction logo
expertise.com logo
million dollar advocates forum logo

Data shows that home ownership by cohabiting couples is on the rise

Underwood Law Firm, P.C.

By Elijah Underwood

For the 18% of first-time homebuyers who are currently unmarried, the traditional sequence of "marriage then mortgage" has effectively flipped. Property acquisition is no longer a post-wedding milestone; it has become a prerequisite for financial stability.

Underwood cohabitating couples riseDriven by a decade of persistent rental inflation and a lack of entry-level inventory, pooling capital has moved from a lifestyle choice to an economic necessity. This shift marks a fundamental decoupling of residential real estate from traditional domestic timelines, Underwood Law reports.

According to the National Association of Realtors (NAR) Profile of Home Buyers and Sellers, the median age for first-time buyers recently hit a 40-year high. For observers nationwide, the data suggests a clear realignment of priorities: Securing a primary residence is increasingly taking precedence over statutory marital status. Domestic partnership is being redefined by equity partition.

The Strategic Case for Early Asset Acquisition

Beyond the legal complexities, the move toward early market entry is increasingly viewed as a long-term capital preservation strategy. The data highlights a distinct wealth-building delta that persists across market cycles. According to an analysis by the NAR in 2023, the median net worth of a homeowner remains approximately 40 times higher than that of a renter, a gap driven largely by non-liquid home equity.

For many, the core advantage is equity velocity. By initiating a mortgage amortization schedule years before a potential marriage, individuals capture capital appreciation and compounding equity during critical growth cycles. 

In high-demand corridors, even a five-year delay in acquisition can outpace aggressive savings rates, effectively barring entry into the starter-home segment as valuation premiums rise. For observers, this behavioral shift suggests a calculated prioritization: market timing is being favored over traditional social sequencing.

Economic Constraints and Shared Equity Models

The divergence between housing costs and median household income has compressed the entry-level market to historic levels. 

Data from the NAR report above indicates that first-time buyers accounted for just 21% of all property transactions in the preceding 12-month period. It is a record low. For many, the "joint-tenancy" model is the primary mechanism utilized to secure a foothold in high-cost-of-living areas.

This trend mirrors a broader demographic retreat from marriage. Figures from the CDC’s National Center for Health Statistics show the U.S. marriage rate dropped to 6.1 per 1,000 people in 2023, a decline from 8.2 in 2000. As this rate shifts, the residential market is seeing a rise in "co-borrowing" between partners who lack statutory marital protections. For observers, this represents a move toward an "access economy" where the asset, not the institution, is the priority.

Technical Titling: Tenancy in Common vs. Joint Tenancy

A primary point of technical friction for unmarried buyers lies in the distinction between "Joint Tenancy with Right of Survivorship" and "Tenancy in Common" (TIC). While married couples often default to "tenancy by the entirety", a protected legal status in many states, unmarried partners must manually select a titling structure that reflects their financial contributions.

In a TIC arrangement, each individual holds a specific percentage of the asset. This structure allows for an unequal equity partition, potentially reflecting disparate down payment contributions, but it also complicates the liquidation process. Under TIC rules, an individual’s share can be encumbered by external liens or defaults without the other partner’s consent. 

For observers of the legal landscape, this creates a risk profile that is absent in traditional marital frameworks, where the asset is generally protected from the individual debts of a single spouse.

Consequently, the absence of automatic legal guardrails requires a proactive approach to asset management, as the deed becomes the primary determinant of financial autonomy.

The Lack of Legal Safety Nets

Standard marital law provides an exit strategy for homeownership. Unmarried couples operate without that safety net. Without established legal precedents for asset division, a domestic split can lead to a "real estate hostage situation."

These stalemates occur when one party seeks to liquidate its interest—perhaps to pursue a labor market opportunity—while the other party refuses to sell. In these scenarios, the property becomes a cage. Without a pre-existing legal framework, resolving the deadlock typically requires a partition action. These are technical, costly, and time-consuming legal maneuvers to force a sale.

For some, the use of cohabitation agreements can mitigate these risks. These private contracts function as an "equity exit strategy," codifying how a sale will be triggered and how proceeds will be divided long before a conflict arises. It serves as a technical solution to a systemic social shift.

Outlook for the Unmarried Ownership Economy

Market projections for the residential sector suggest that unmarried joint-ownership is not a transient surge. It is structural. As the median buyer age remains elevated and capital requirements for entry-level homes stay high, the reliance on joint-equity agreements is expected to increase.

For the modern market observer, the defining metric is no longer a marriage license. It is the robustness of the legal agreement protecting the asset. As the "ownership economy" continues to evolve, the ability to navigate shared equity without the traditional guardrails of marital law will remain a critical focus for the residential sector.

For more information, please contact us.

Search

Client Reviews

  • 5 stars
    We were in need of a real estate attorney. Eli Underwood provided excellent legal advice and services. He explained everything well and followed through with all important issues that needed attention. We found him to be reliable, courteous, patient and extremely professional. We highly recommend...

    I.S.

  • 5 stars
    I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him."...

    T.W.

  • 5 stars
    Mr. Underwood is a fantastic Lawyer with extraordinary ethics. He responds quickly, which is rare these days, and he is very knowledgeable in his craft. It was a pleasure working with him and we will definitely use his services in the future if needed. Thank you for your help Sir!

    M.O.

  • 5 stars
    Eli took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and...

    E.T

  • 5 stars
    We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially...

    P.B.

  • 5 stars
    In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of...

    M.A.

View MoreSubmit a Law Firm Client Review