For couples and co-buyers
Buying a Home Together in Washington: Title Options for LGBTQ+ Couples
How you take title decides what happens to your home if something happens to one of you. Here's a plain-English overview of the options in Washington, and the questions to bring to your attorney.
For a long time, LGBTQ+ couples couldn't count on the law to recognize their relationships, and plenty of people learned the hard way what happens to a shared home when a partner dies or a relationship ends without the right paperwork. Washington has recognized same-sex marriage since 2012, but the way you hold title still matters, especially if you're not married, if you have children from a prior relationship or if you're buying with a friend or family member.
The good news is that the options are straightforward once they're explained. The decision itself should be made with an attorney who knows your situation. This guide will help you walk into that conversation prepared.
If you're married or in a registered domestic partnership
Washington is a community property state. Property either spouse acquires during the marriage is generally presumed to belong to both of you equally, regardless of whose name is on the paycheck. State-registered domestic partners are treated like spouses under Washington law.
Most registered domestic partnerships in Washington were converted to marriages in 2014. Partnerships remain available when at least one partner is 62 or older, which some couples choose for benefit-related reasons.
Married couples and registered partners commonly choose between two forms of ownership:
- Community property. Each spouse owns half. When one dies, their half passes under their will. Without a will, Washington law generally gives the deceased spouse's share of community property to the surviving spouse.
- Community property with right of survivorship. When this is written into the deed, the surviving spouse or partner automatically owns the entire home, which can help keep the house out of probate.
Some couples also sign a community property agreement that covers all of their assets, not just the house. Your attorney can explain whether that makes sense for you.
If you're not married
Unmarried partners, friends and family members can own a home together in Washington. Without a marriage or registered partnership, though, the law gives a partner no automatic rights to a home titled only in the other person's name. If you both contribute, you both belong on the title, and the form you choose matters.
- Joint tenancy with right of survivorship. You own equal shares, and if one of you dies, the survivor automatically owns the whole property. Washington requires the deed to say this expressly.
- Tenants in common. Each owner holds a share that can be unequal, for example 60/40 to reflect different down payments. When an owner dies, their share passes under their will or estate, not automatically to the co-owner. If a deed to two or more people doesn't specify, Washington generally presumes a tenancy in common.
Title options at a glance
| Option | Who can use it | If one owner dies | Good to know |
|---|---|---|---|
| Community property | Married couples and registered domestic partners | Their half passes under their will, or generally to the surviving spouse if there's no will | The default presumption for property bought during a marriage |
| Community property with right of survivorship | Married couples and registered domestic partners | The survivor automatically owns the whole home | Must be stated in the deed |
| Joint tenancy with right of survivorship | Any two or more people | The survivor automatically owns the whole home | Equal shares; must be stated expressly in the deed |
| Tenants in common | Any two or more people | Their share passes under their will or estate | Shares can be unequal; the general default when a deed doesn't specify |
Beyond the deed
Title is one piece of a bigger picture. Couples and co-buyers should also consider:
- A co-ownership agreement. Especially for unmarried buyers, a written agreement can spell out who contributed what, how you'll split costs and what happens if you break up or one of you wants to sell.
- Wills and transfer-on-death deeds. Washington allows a transfer-on-death deed, which names who receives the property when you die without putting it through probate.
- Powers of attorney and healthcare directives. These let the person you choose make decisions for you if you can't, regardless of your legal relationship.
- Documents from another state. If you're relocating, have a Washington attorney review estate documents drafted elsewhere. Community property rules may treat your assets differently than you expect.
Title and the loan aren't the same thing
Being on the title makes you an owner. Being on the loan makes you responsible for the debt. They often go together, but not always. A lender may qualify the purchase on one person's income while both of you appear on title, and in Washington a spouse who isn't borrowing may still be asked to sign certain documents. Talk to your loan officer early about who will be on the loan and who will be on title, so the paperwork matches your plan.
How we help
We're Realtors, not attorneys, so we won't tell you which form of ownership to choose. What we will do is make sure the question comes up early, introduce you to lenders, escrow officers and attorneys we trust, and make sure the vesting language on your purchase documents reflects the decision you've made. If you're still getting oriented, our LGBTQ+ home buyer's guide walks through the full buying process, and you can read more about how we work with clients.
Frequently asked questions
Can unmarried partners buy a house together in Washington?
Yes. Unmarried partners, friends and relatives can buy together. Most choose either joint tenancy with right of survivorship, where the survivor automatically owns the whole home, or tenancy in common, where each owner's share passes through their own estate. A written co-ownership agreement is strongly recommended.
What's the difference between joint tenancy and tenants in common?
With joint tenancy with right of survivorship, owners hold equal shares and the surviving owner automatically takes the whole property. With tenancy in common, shares can be unequal and each owner's share passes under their will or estate instead of going to the co-owner. In Washington, joint tenancy must be expressly stated in the deed.
If we get married after buying, do we need to change anything?
Marriage doesn't automatically change how an existing home is titled. Property one spouse owned before the marriage generally remains separate property unless you take steps to change it. A Washington attorney can help you decide whether to re-deed the home or sign a community property agreement.
Buying with a partner?
We'll help you think through the questions, then coordinate with your lender, escrow officer and attorney so your home is set up the way you intend.
Rob Mourton is a licensed real estate broker with Kinected Realty serving Clark County and Southwest Washington. This article is general information, not legal, tax or lending advice; talk with a qualified attorney, tax professional or loan officer about your situation. Information is deemed reliable but not guaranteed. Equal Housing Opportunity.
