The topic of joint property purchases by couples has become increasingly common, particularly when investing in a home before marriage or in the context of long-term partnerships. To help more people understand the legal aspects of such transactions, our team of lawyers specializing in real estate law answered your questions free of charge as part of our Info Week initiative. One of the inquiries we received concerned precisely the joint acquisition of property. Here is what our real estate legal team shared on the topic:
What Determines Ownership When Buying with a Partner
To answer this question correctly, it is first necessary to clarify whether the partners are married.
If they are married, the applicable property regime chosen at the time of marriage—community or separation of assets—determines ownership.
- Under the community regime, if the property is acquired during the marriage, it becomes marital community property, regardless of each spouse’s financial contribution.
- Under the separation of assets regime, ownership is determined according to each partner’s financial contribution—for example, 50/50.
In both cases, the spouses may sign an agreement specifying their respective rights to the property and the terms in the event of divorce. It is crucial that this agreement is drafted precisely to avoid future ambiguities and disputes.
When the Couple Is Not Married
If the couple is not married, the property is jointly acquired in proportion to each partner’s financial contribution—e.g., 50/50 or in another ratio agreed between them. In this case, too, the partners may conclude an agreement that defines ownership and how it would be divided in the event of separation.
Such an agreement may be conditional upon separation, but if a dispute arises, proving the agreed terms can be more difficult, as the special rules of family law do not apply.
Therefore, it is important that the document is legally sound and clearly reflects the parties’ intentions.
Why You Should Seek Legal Advice
Although a joint property purchase may appear straightforward at first glance, the lack of clarity on issues such as ownership shares, management, or future disposal of the property can cause serious complications in case of dispute.
A preliminary consultation with a lawyer can save time, money, and stress—ensuring that the interests of both partners are protected.
If you need further assistance or legal advice, our experienced team of lawyers is at your disposal and will be happy to help. Contact us.
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