Two names,
one deed
Unmarried partners, friends pooling budgets, siblings splitting an inheritance house — co-buying works when the paperwork assumes things end, and fails when it assumes they will not.
Before you read on
- General information as of August 2026.
- Not legal advice — co-ownership agreements deserve counsel per owner where interests diverge.
- Cross-border pairs: the survivorship-vs-estate trade in Section 2 changes by country.
Point 1The two title forms
Joint tenancy with right of survivorship: equal shares, and the survivor absorbs a deceased owner's share automatically — outside the will, outside probate. Tenants in common: shares in any proportion, each owner's share passing by their own estate plan. Married couples in New York get tenancy by the entirety's protections by default; everyone else chooses between the two.
The choice is really an estate-planning decision wearing a title vest: survivorship suits partners who want each other protected without wills and probate; tenancy in common suits unequal contributions, investment partnerships, and anyone whose share should go to their heirs, not their co-owner. Deeds default carelessly; choose on purpose.
Point 2Unequal money, cross-border wrinkles
When contributions differ — one partner funds 70% — tenants in common can hold 70/30 title matching the money, or the difference can be papered as a loan or gift. Silence is the expensive option: mismatches between funding and title invite gift-tax questions (acute for non-US contributors, whose US gift exemptions are tiny) and resentment arithmetic at any exit.
Cross-border pairs add the estate overlay: survivorship moves a non-resident's share outside probate but not outside US estate tax, and the marital deduction that shelters citizen spouses is limited for non-citizen survivors (QDOT planning exists for exactly this). The title line on a co-bought deed deserves ten minutes with a cross-border adviser before closing — the retrofit costs multiples.
Point 3The co-ownership agreement
The exit clauses carry the document: real co-ownership breakups founder on 'who buys whom out at what number,' and an agreement that names the appraisal mechanism and the clock converts a crisis into a procedure. New York's default remedy — a partition action forcing sale through the courts — is the alternative everyone should be drafting to avoid.
| Clause | What it settles |
|---|---|
| Contribution ledger | Who paid what, at entry and ongoing |
| Expense split and defaults | Monthlies, repairs — and what happens when one stops paying |
| Occupancy terms | Who lives there, who pays whom rent |
| Exit triggers | Sale demand, buyout rights, valuation method |
| Buyout mechanics | Appraisal process, payment terms, deadlines |
| Dispute path | Mediation before litigation, chosen now |
An afternoon of drafting while friendly beats a year of litigating while not.
Point 4Lenders, boards, and the practical layer
Financing jointly means joint liability: every borrower underwrites, every credit report matters, and one partner's debts price everyone's loan. Co-ops interview all buyers and weigh combined finances; some resist non-occupant co-owners (the parent-co-signer structure meets board policy building by building). Condos take co-buyers as they come.
Insurance, taxes, and records want one operator: a shared account funding the monthlies, one partner administering with visibility for all, the basis worksheet tracking both contributions. Co-buying doubles the humans and should not double the administration — it should split it on paper that survives the partnership's weather.
Survivorship (equal shares, automatic inheritance by the co-owner) for partners protecting each other; tenants in common (any split, shares pass by estate) for unequal money and investment pairings. Choose deliberately — deeds default carelessly.
Tenants in common matching the percentages, or paper the gap as loan or gift. Silent mismatches invite gift-tax exposure — severe for non-US contributors — and exit disputes.
Contributions, expense splits and defaults, occupancy, exit triggers, buyout valuation and mechanics, dispute path. The exit clauses are the document's real cargo.
Without an agreement: partition — a court-forced sale nobody prices well. With one: the buyout procedure you drafted while friendly. Draft while friendly.
Tenancy by the entirety is marriage-only in New York. Survivorship titling plus wills plus the agreement approximates the protective intent for everyone else.
Generally, with all parties interviewed and underwritten; non-occupant co-owners and parent structures meet building-specific policy. Condos are indifferent.
RELATED GUIDES
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Buying together? We will set the title, the agreement, and the exits while everyone still agrees on everything.
Important notice
The figures on this page are general information as of August 2026 and do not represent an offer, a quote, or a guarantee of any transaction terms. Reinvent NY does not provide legal, tax, or investment advice. Confirm anything material with an attorney and a CPA before you act on it. Nothing here is a solicitation to invest, and no return is promised. Real estate brokerage services are provided through R New York.
