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    Unmarried Home Buying in Ohio: Legal Guide & Tips for Couples

    Unmarried Home Buying in Ohio: Legal Guide & Tips for Couples Purchasing a home with someone to whom you are not married...

    • Josh Dawson
    • December 29th, 2023
    • 3 min read

    Unmarried Home Buying in Ohio: Legal Guide & Tips for Couples

    Purchasing a home with someone to whom you are not married can be an exciting step, but it also comes with a unique set of legal considerations, especially in a state like Ohio. This blog post will explore the potential downfalls of such a decision and offer guidance on how to navigate these challenges.

     

    1. Understanding Property Ownership

    In Ohio, unmarried couples can own property either as 'joint tenants' or 'tenants in common'. Joint tenancy includes the right of survivorship, meaning if one owner dies, the other automatically receives their share. In contrast, with tenancy in common, each owner can leave their share to someone else in their will. The choice between these two can have significant implications in the event of a breakup or one partner's death.

    2. No Legal Protection for Relationship Breakdown

    Unlike married couples, unmarried couples do not have the same legal protections in the event of a breakup. This means there's no automatic process for property division or support. Therefore, it's crucial to have a written agreement that outlines what will happen to the property if the relationship ends.

    3. Mortgage Complications

    Applying for a mortgage together can be complicated. Both parties’ credit scores will be considered, and both will be equally liable for the mortgage payments. If one person stops contributing, the other could be left with the entire burden, potentially affecting their credit score.

    4. Estate Planning Considerations

    Without proper estate planning, the surviving partner could face difficulties if one partner passes away. Ohio law does not automatically recognize an unmarried partner as a beneficiary. It's important to have wills and possibly even a trust in place to protect each other's interests.

    5. Tax Planning Implications

    Unmarried couples don't benefit from the same tax advantages as married couples. For example, if one partner owns the home and the other contributes to the mortgage, the non-owner cannot claim the mortgage interest deduction on their taxes. Also, when a portion of the property is deeded to someone other than a spouse the conveyance may be subject to gift or estate tax.

    6. Exit Strategy

    It's essential to have an exit strategy. This could include a buyout clause, a plan for selling the home, or an agreement on how to divide any profits or losses.

    7. Creditors Claim

    A creditor may be able to attach a lien on your co-owner's interest in the property. 

    Conclusion

    Buying a home with someone you're not married to in Ohio requires careful planning and consideration of the legal and financial implications. It's wise to consult with legal, mortgage, and tax professionals to ensure that both parties' interests are protected. Remember, taking the time to plan now can save a lot of stress and heartache in the future.

     

    Let Me Be Your Guide

    My goal is simple, to help you make better real estate decisions.

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    About the author

    Josh Dawson

    614.706.6288
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    Buying or selling real estate is more than a transaction—it’s a major life decision. You deserve a guide who brings not just experience, but clarity, strategy, and trust to the table. That’s where I come in. I was born and raised in Fostoria, Ohio—a blue-collar factory town where your word meant everything and people treated each other with respect. I come from a family of military veterans, tradesmen, and kind-hearted Midwesterners who taught me to do good, be good, and work hard. I carried those values with me to Ohio Wesleyan University, where I played football and graduated with the same commitment to perseverance and teamwork I bring to every client relationship today. My real estate career began not in Central Ohio, but as part of a Wall Street Journal Top 100 Team in Boston—one of the fastest-moving, most competitive markets in the country. Before real estate, I served in senior political roles, including State Director for the Massachusetts State Treasurer and Legislative Director in the State Senate. I even ran for State Representative and earned an endorsement from The Boston Globe—because I’ve always been driven to serve people, solve complex problems, and lead with integrity. Today, I bring those same values into my work as a real estate professional and former managing broker. I’ve led agents, negotiated complicated transactions, and taught hundreds of professionals how to master real estate contracts. I don’t just understand the fine print—I’ve taught from it. That insight often helps me make small but strategic contract adjustments that protect my clients or save them tens of thousands of dollars. I currently serve on the Columbus Realtors Broker Advisory Committee and am the Past-President of the Greater Dublin Realty Association, where I continue to advocate for professionalism, education, and client-first service across our industry. Clients know me for my steady communication and proactive approach. I hold weekly check-ins to ensure no one ever wonders, “What’s happening?” or “What’s next?” Whether I’m guiding a family through an emotional sale or helping a first-time buyer make a strong start, I act with clarity, empathy, and your long-term goals in mind. When I’m not working, you’ll often find me coaching my daughter’s softball team, spending time with my family, or fishing and boating in Port Clinton, where my parents now live. I live in Dublin with my amazing wife and our two beautiful daughters—and I consider it an honor to serve families across Central Ohio with focus, care, and professionalism. If you're ready to move forward with purpose, I’m here to help you do it wisely.

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