2026-10-25 · 4 min read · Orange County
Can I Buy My First Home With a Friend or Partner Who Isn't My Spouse?
The short answer
Can you buy your first home in Orange County with a friend or partner who isn't your spouse? Yes. California law lets two or more unmarried people own a home together, most often as tenants in common or as joint tenants, and you can apply for the mortgage together. The key steps are choosing how you'll hold title, understanding that you both sign for the loan, and putting a written agreement in place before you buy.
Can Two Unmarried People Buy a Home Together in California?
Yes. Many first-time buyers team up with a partner, a sibling or a close friend to combine savings and income.
I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. When two people buy together, I want each of them to understand the plan before we write an offer, because buying with someone else is a financial partnership as much as a home purchase.
This article is general information, not legal or tax advice. A real estate attorney and a CPA can help you choose what fits your situation.
How Can We Hold Title Together?
California Civil Code Section 682 lists the ways several people can own property, including joint interests and interests in common. For unmarried co-buyers, two choices come up most often.
- Tenants in common. Civil Code Section 686 makes this the default. If your deed doesn't say otherwise, co-owners hold title as tenants in common. Shares don't have to be equal, so one buyer could own 60% and the other 40% if that matches what each person put in. Each owner's share passes under their own will or trust, or to their heirs.
- Joint tenancy. Civil Code Section 683 says a joint tenancy exists only when the deed expressly declares it. The California Courts self-help site explains that joint tenants own in equal shares, and when one dies, the property can pass to the surviving joint tenant without probate.
Escrow will ask how you want to take title, often called your "vesting," before closing. Decide this with your attorney ahead of time, not at the signing table.
How Does the Mortgage Work With Two Borrowers?
When you apply together, your lender looks at both of your incomes, debts and credit histories. Both of you usually sign the loan, so ask your lender to explain exactly what each signer is responsible for. Fannie Mae's Selling Guide describes co-signers as having joint liability for the note with the borrower, which is a good reminder that a shared loan is a shared obligation.
Loan programs set their own occupancy rules. Fannie Mae's guide says only one borrower must occupy and take title on a principal residence, with exceptions. Some first-time buyer programs are stricter. CalHFA's conventional program handbook says all borrowers, including co-borrowers, must live in the home and meet the first-time homebuyer definition, with an exception for a CalHFA first mortgage used without CalHFA subordinate financing. The MyHome Assistance Program handbook says each borrower must be a first-time homebuyer.
Program rules change, so check the current handbook with a CalHFA-approved lender before you count on any assistance. If you're still building savings, my article on how much to save for your first home can help you plan.
What Should We Put in Writing Before We Buy?
A written co-ownership agreement, drafted or reviewed by an attorney, is one of the most useful steps you can take. It might cover:
- Who paid what. Each person's share of the down payment and closing costs.
- Monthly costs. How you split the mortgage, property taxes, insurance, HOA dues and repairs.
- Ownership shares. Whether your shares are equal or based on what each person contributed.
- What happens if one person wants out. A buyout process, how the price is set, and a timeline.
- Life changes. A new job, a new relationship, or one person moving away.
If co-owners can't agree, California Code of Civil Procedure Section 872.210 allows a co-owner to bring a court action for partition, which can lead to a court-ordered division or sale. A clear agreement made while everyone is getting along gives you a better path than a courtroom.
What Happens If One of Us Dies?
This is where your title choice matters most. With joint tenancy, the California Courts self-help site explains that the surviving owner can take the property without going through probate. With tenants in common, each person's share passes under their own estate plan or to their heirs, which may not be the other owner.
An estate planning attorney can explain how a will or trust works with your title choice.
Let's Start With a Conversation
If you're thinking about buying with a partner or friend, I'd be glad to walk through the steps with both of you before you start touring homes. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.
Frequently asked questions
Do unmarried co-owners have to own equal shares?
Not as tenants in common. Civil Code Section 686 makes tenancy in common the default, and owners can hold unequal shares. Joint tenancy uses equal shares, so it may not fit if you contributed different amounts.
Do we both need good credit to buy together?
Your lender reviews both applicants. One person's credit or debts can affect the loan terms, so talk with a lender early and compare your options.
Can my friend help me qualify without living in the home?
Some loan programs allow a non-occupant borrower and some don't. Fannie Mae allows it on some loans, while CalHFA's conventional program requires all borrowers to live in the home. Ask your lender which programs fit.
What if one of us wants to sell later and the other doesn't?
That is exactly what a written co-ownership agreement is for. Without one, California law allows a co-owner to ask a court for partition, which takes time and money.
Who should we talk to before buying together?
A lender for the loan, a real estate attorney for the title choice and your agreement, and a CPA for tax questions. Talking with each of them early keeps your plan clear.