Unmarried couples buy homes together more than ever — but few realize how vulnerable they are under Georgia law if the relationship ends. Because Georgia does not recognize common-law marriage (unless formed before 1997), unmarried partners have no automatic legal rights to each other’s property.
So when a breakup happens, the question becomes:
“What happens to the house or property we own together?”
Here’s what Georgia law says and how to protect yourself before — or after — a separation.
How Jointly Owned Property Works for Unmarried Couples in Georgia
When two unmarried individuals buy a home or other property together, the deed usually lists one of two forms of joint ownership:
1. Joint Tenancy with Right of Survivorship (JTWROS)
Both individuals own 50/50.
- If one partner dies, the other automatically inherits the property.
- If they break up, the property is still jointly owned until sold, refinanced, or legally partitioned.
2. Tenancy in Common (TIC)
Each person owns a share — usually 50/50, but not always.
- Shares do not pass automatically to the other partner at death.
- After a breakup, both still own their individual share.
If your deed doesn’t specify the type, Georgia law usually treats it as tenants in common.
What Happens to the Property When You Break Up?
A breakup does not change legal ownership. Even if one person moves out, both partners still own the property until they agree or the court decides otherwise.
Here are the typical scenarios:
1. One Partner Buys Out the Other
One partner pays the other for their share, and the property is refinanced into one person’s name.
This requires:
- A written agreement
- A quitclaim deed
- A refinance to remove the other from the mortgage
2. You Sell the Property and Split the Proceeds
This is the most common outcome.
The sale proceeds are divided based on:
- Deed percentages
- Contributions to the down payment
- Written agreements (if any)
- Improvements or major expenses
3. Partition Action (Court Involvement)
If the partners can’t agree, either can file a partition action in court.
A judge can:
- Order the property to be sold
- Divide proceeds according to ownership share
- Potentially award unequal shares if improvements or payments are proven
This is expensive and stressful — but sometimes unavoidable.
What If Only One Partner Is on the Deed?
If the property is titled in only one name, the other partner owns nothing legally, even if they:
- Paid part of the mortgage
- Contributed to the down payment
- Paid for renovations
- Lived there for years
They may have a claim under equity laws, but they do not own the home.
This is one of the biggest risks for unmarried couples.
How to Protect Yourself as an Unmarried Couple
Whether you’re buying property or already own it together, there are smart ways to prevent problems:
1. Create a Co-Ownership Agreement
This contract outlines:
- What happens if the relationship ends
- Buyout rights
- Who pays what
- How to divide equity
- What happens if someone stops paying
2. Use a Joint Trust
A joint revocable trust lets you clearly define ownership, survivorship rights, and distribution.
3. Update Your Estate Plan
Without a will or trust, your partner inherits nothing under Georgia intestacy laws.
See: Georgia Intestate Succession – O.C.G.A. § 53-2-1.
4. Keep the Deed & Mortgage Updated
If you refinance, change ownership shares, or buy out a partner, update all documents.
5. Speak With an Estate Planning Attorney
An attorney can help you structure ownership, draft agreements, and protect both partners legally.
Final Thoughts
For unmarried partners in Georgia, jointly owning property carries real legal risks. A breakup does not change ownership — and without agreements or a trust, disputes can turn costly fast.
Whether you’re planning ahead or dealing with a separation, taking the right legal steps now protects your investment and your financial future.
If you need help drafting agreements, updating your deed, or creating a joint trust, the attorneys at Hurban Law can guide you every step of the way.
