Is Buying a House Before Marriage in Michigan a Bad Idea?
Buying a house before marriage is not inherently a bad idea, but it creates legal risks that most couples never consider until it is too late. In Michigan, unmarried couples who purchase property together have significantly fewer legal protections than married couples. If the relationship ends, there is no divorce process to guide how the property gets divided. What feels like a straightforward financial decision can become a complicated legal dispute.
Understanding how Michigan law treats property owned by unmarried couples, and what steps you can take to protect yourself, is essential before signing a mortgage with someone you are not married to.
Why Unmarried Couples Face More Legal Risk Than Married Couples
When a married couple in Michigan divorces, the court divides marital property through a well-established legal process called equitable distribution. A judge evaluates the circumstances of the marriage and issues a ruling on who gets the house and other shared assets. There are clear rules, procedures, and legal standards that protect both parties.
Unmarried couples have none of that. Michigan does not recognize common law marriage, regardless of how long you have lived together. If you and your partner buy a house together and later break up, family court is not available to you for property division. Instead, you are left to resolve the dispute on your own, through mediation, or through civil litigation. The process is slower, less predictable, and often more expensive than what married couples experience in divorce court.
This is the core problem. Many couples assume that not being married makes things simpler. In reality, it makes property disputes harder to resolve because the legal framework designed to handle exactly this situation, divorce, does not apply.
How Michigan Handles Property When Unmarried Couples Break Up
If an unmarried couple in Michigan separates and cannot agree on what to do with jointly owned property, there are limited legal options.
Partition actions: Under Michigan law (MCL 600.3304), joint tenants or tenants in common can file a partition action asking the court to divide or sell the property. However, the court typically orders the property sold at auction, which often results in a sale price well below market value. Both parties lose money compared to a standard real estate sale.
Civil lawsuits: If one partner's name is not on the deed but they contributed to mortgage payments, improvements, or the down payment, they may need to file a civil lawsuit to recover their investment. These claims, which can include theories like unjust enrichment or constructive trust, are expensive to litigate and difficult to prove without written documentation.
Negotiation or mediation: The most practical outcome is often for the couple to negotiate a resolution on their own or through a mediator. But without a legal framework guiding the process, these negotiations can stall, especially when emotions are running high.
None of these options are as clean or protective as the divorce process available to married couples. That is why planning ahead matters.
How Title Type Affects Your Rights
One of the most important decisions you will make when buying a house as an unmarried couple is how you hold title to the property. In Michigan, there are several options, and each one creates different legal rights if the relationship ends.
Tenants in commonEach owner holds a separate share of the property (not necessarily equal). Either owner can sell or transfer their share independently. If one owner dies, their share passes through their estate, not automatically to the other owner. Either owner can file a partition action.
Joint tenantsBoth owners hold equal shares. If one owner dies, the surviving owner inherits the deceased owner's share. Either owner can file a partition action.
Joint tenants with full rights of survivorshipThis is similar to joint tenancy but with an important distinction in Michigan. The Michigan Court of Appeals has held that property held as joint tenants with full rights of survivorship cannot be partitioned in the same way as a standard joint tenancy. This means if you hold title this way and the relationship ends, your legal options for forcing a sale may be more limited.
How you take title should be a deliberate legal decision, not something you let a closing agent decide for you. Consulting with a family law attorney before closing can prevent significant problems later.
What Is a Cohabitation Agreement and Why It Matters
A cohabitation agreement is essentially a contract between unmarried partners that outlines how property, finances, and other shared assets will be handled if the relationship ends. Think of it as the unmarried equivalent of a prenuptial agreement.
Cohabitation agreements are enforceable in Michigan. A well-drafted agreement typically covers who owns what percentage of the property, how mortgage payments and household expenses are divided, what happens to the property if the couple separates (sale, buyout, or other arrangement), and how proceeds from a sale will be split.
Without a cohabitation agreement, you are relying on title records and whatever you can prove in court. With one, you have a clear, enforceable plan that protects both parties.
The best time to draft a cohabitation agreement is before you close on the property. Once you are already co-owners and emotions are involved, reaching an agreement becomes significantly harder.
What Happens If You Get Married Later
Many couples buy a house together before marriage with the intention of getting married eventually. If that happens, the property you purchased before the wedding is generally considered premarital or separate property under Michigan law. However, the lines can blur quickly.
If both partners' names are on the title, and marital income is used to pay the mortgage, make improvements, or build equity after the wedding, the property may become partially or fully marital. In a divorce, a court could consider those marital contributions when dividing the asset throughequitabledistribution.
If you buy a home before marriage and want to protect your individual investment, a prenuptial agreement can clarify each partner's ownership interest and prevent disputes if the marriage ends. The cohabitation agreement you signed before marriage does not automatically carry over into a divorce proceeding, so updating your legal protections after the wedding is an important step many couples overlook.
Steps to Protect Yourself Before Buying
If you and your partner decide to buy a house before getting married, taking a few deliberate steps can prevent serious legal and financial problems down the road.
Decide how to hold title carefully. Understand the difference between tenants in common, joint tenants, and joint tenants with full rights of survivorship. Your choice affects your legal rights if the relationship ends or if one of you passes away.
Draft a cohabitation agreement before closing. This is the single most important step you can take. A written agreement that addresses ownership shares, financial responsibilities, and what happens if you break up provides a clear path forward and avoids expensive litigation.
Keep records of financial contributions. Track who pays the down payment, mortgage, property taxes, insurance, and maintenance costs. If a dispute arises later, documentation of financial contributions is critical evidence.
Update your estate plan. If you are not married, your partner does not automatically inherit your share of the property if you die. You may need a will, a trust, or beneficiary designations to ensure the property passes according to your wishes.
Consult with a family law attorney. A short conversation with an attorney before you buy can help you understand your options, choose the right title structure, and put a cohabitation agreement in place. The cost of planning ahead is far less than the cost of litigating a property dispute after a breakup.
Talk to a Michigan Family Law Attorney at Harris & Literski
Buying a house is one of the biggest financial decisions you will make. Doing it with someone you are not married to adds legal complexity that most couples do not anticipate. Whether you need help drafting a cohabitation agreement, understanding your property rights, or resolving a dispute over jointly owned property, Harris & Literski can help.
Our attorneys regularly assist unmarried couples with property issues, cohabitation agreements, and separation matters. If you also have children together, we can address custody and support alongside property concerns. Contact Harris & Literski to schedule a free consultation.
Frequently Asked Questions
Is it a bad idea to buy a house before marriage in Michigan? It is not necessarily a bad idea, but it carries legal risks that married couples do not face. Without marriage, there is no divorce process to divide property if the relationship ends. Unmarried couples should draft a cohabitation agreement and carefully consider how they hold title to the property before closing.
Does Michigan recognize common law marriage? No. Michigan does not recognize common law marriage regardless of how long a couple has lived together. This means unmarried partners do not have automatic property rights, inheritance rights, or access to family court for property division. Legal protections must be created through written agreements.
What happens to a jointly owned house if an unmarried couple breaks up? If the couple cannot agree, the options are limited. Either owner may be able to file a partition action under MCL 600.3304, which could result in the property being sold at auction. Alternatively, one partner can file a civil lawsuit. Both options are more costly and less predictable than the divorce process.
What is a cohabitation agreement? A cohabitation agreement is a written contract between unmarried partners that outlines property ownership, financial responsibilities, and what happens to shared assets if the relationship ends. It is enforceable in Michigan and serves a similar purpose to a prenuptial agreement for married couples.
Should we both be on the deed if we buy a house before marriage? That depends on your situation. If both partners contribute financially, having both names on the deed protects both parties' investment. However, the type of ownership (tenants in common, joint tenants, or joint tenants with full rights of survivorship) affects your legal rights. An attorney can help you choose the right structure.
If we buy a house before marriage and then get married, is it marital property? Generally, property purchased before marriage is considered separate property. However, if marital funds are used to pay the mortgage, make improvements, or build equity after the wedding, the property may become partially marital. A prenuptial agreement can clarify each partner's ownership interest and prevent future disputes.
Harris & Literski helps unmarried couples in Michigan protect their property rights and plan for the future. If you are buying a home with your partner and want to understand your legal options, contact our office at 810-229-9340 to schedule a free consultation.