Buying a Home Together — Before or After Marriage

More and more couples are buying homes together before getting married. It’s an exciting milestone — but it’s also a legal one. When unmarried couples purchase property, the way the deed is titled determines what happens if one partner dies, if the relationship ends, or if one person faces financial trouble.

Many unmarried couples in North Carolina take title as joint tenants with right of survivorship. That structure ensures the surviving partner automatically inherits the property if one owner passes away. However, it does not protect the home from the creditors of just one owner.

Here’s where the North Carolina twist comes in:

• Joint Tenancy (common for unmarried buyers)

  • Includes right of survivorship

  • ❌ No protection from an individual owner’s creditors

• Tenancy by the Entirety (available only to married couples)

  • Includes right of survivorship

  • ✅ Protects the property from creditors of only one spouse

And here’s the part many couples miss: if you buy a home together before marriage as joint tenants, then later get married, your ownership does not automatically convert to tenancy by the entirety. A new deed must be recorded to gain that added protection.

It’s a small legal detail that can have big financial implications.

As always, I recommend speaking with a real estate attorney about your specific situation — but if you’re buying before marriage (or you bought before marriage and are now married), it’s worth confirming how your title is currently held.